Morrison v. Tomano’s Empirical Analysis
755 F.2d 515 · 1985
Citation profile
25 federal appellate · 4 state decisions
How this case has been cited
Cited by 48 later decisions — most recently February 2023 · most notably Doe ex rel. Doe v. St. Joseph's Hospital of Fort Wayne (1986), Baker v. Director, United States Parole Commission (1990)
25 federal appellate · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Conley v. Gibson · Padilla-Martinez v. United States · Tingler v. Marshall · Fed. Sec. L. Rep. P 96,044 Sandra Lee Simmons Shaw v. Merritt-Chapman & Scott Corp.
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a sua sponte dismissal for failure to state a claim is not necessarily rendered invalid because of lack of service on the defendant or failure to provide the defendant an opportunity to respond.”
3 later decisions quote this exact passage · from the majoritye.g. Thomas v. Papa · Catz v. Chalker“1) allow service of the complaint upon the defendant; 2) notify all parties of its intent to dismiss the complaint; 3) give the plaintiff a chance to either amend his complaint or respond to the reasons stated by the district court in its notice of intended sua sponte dismissal; 4) give the defendant a chance to respond or file an answer or motions; and 5) if the claim is dismissed, state its reasons for the dismissal.”
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.