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← 752 F.3d 1079 - Cannon v. Burge

Cannon v. Burge’s Empirical Analysis

752 F.3d 1079 · 2014

Citation profile

20
cited by 20 later decisions
March 2021
most recently cited

5 federal appellate ·

Relationships

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Anderson v. Liberty Lobby, Inc. · Monell v. Department of Social Services of City of New York · North Carolina v. Alford · Montana v. United States · Bounds v. Smith

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A party asserting res judicata or claim preclusion must establish: (1) identity of the claim, (2) identity of parties, which includes those in “privity” with the original parties, and (3) a final judgment on the merits.... In order to decide whether the two cases involve the same claim, we ask whether they arise out of the same transaction. If they did, whether or not they were actually raised in the earlier lawsuit, they may not be asserted in the second or subsequent proceeding.”
    1 later decision quote this exact passage · from the majority
  2. “'[u]nder res judicata, a final judgment on the merits bars further claims by parties or their privies based on the same cause of action.'”
    1 later decision quote this exact passage · from the majority
  3. “Our role in interpreting a question of state law is to predict how the highest court of the state would answer the question.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.