Smith v. Whatcott’s Empirical Analysis
757 F.2d 1098 · 1985
Citation profile
13 federal appellate · 20 district · 16 state decisions
How this case has been cited
Cited by 67 later decisions — most recently December 2017 · most notably Cole v. Ruidoso Municipal Schools (1994), United States v. Stiger (2005)
13 federal appellate · 20 district · 16 state decisions — followed in 13 states
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 Firestone Tire & Rubber Co. v. Risjord · Armstrong v. McAlpin · Freeman v. Chicago Musical Instrument Co. · Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp. · Trone 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“if the factual contexts of the two representations are similar or related.”
11 later decisions quote this exact passage · from the majority““the size and structural divisions of the law firm involved, the likelihood of contact between the “infected” attorney and the specific attorneys responsible for the present representation, the existence of rules which prevent the “infected” attorney from access to relevant files or other information pertaining to the present litigation or which prevent him from sharing in the fees derived from such litigation.””
3 later decisions quote this exact passage · from the majority“support a functional analysis of such conflicts of interest and oppose application of an irrebuttable presumption.”
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.