Schwarz v. Folloder’s Empirical Analysis
767 F.2d 125 · 1985
Citation profile
77 federal appellate · 7 district · 8 state decisions
How this case has been cited
Cited by 167 later decisions — most recently August 2023 · most notably Kona Enterprises Inc Balanced Value Fund Tach One Wayne Rogers, Pacheco v. Mineta (2006)
77 federal appellate · 7 district · 8 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
Applies 15 U.S.C. § 77 · 15 U.S.C. § 77L (§ 12 of the Securities Act of 1933) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 28 U.S.C. § 1927 · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on Cohen v. Beneficial Industrial Loan Corp. · Alyeska Pipeline Service Company v. Wilderness Society · Roadway Express, Inc. v. Piper · Affiliated Ute Citizens of Utah v. United States · Herman & MacLean v. Huddleston
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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“( See Civ. No. 17-605, D.I. 12 at 10-11). In Schwarz , the Fifth Circuit remanded a denial of costs and fees to the trial court to give its reasons for such denial. There, the Fifth Circuit said: Having already held that a dismissal with prejudice may be granted at any time in a lawsuit because it does not prejudice the defendant, we would be inconsistent to deny the defendant”
7 later decisions quote this exact passage · from the majority“Dismissal of an action with prejudice is a complete adjudication of the issues presented by the pleadings and is a bar to a further action between the parties. An adjudication in favor of the defendants, by court or jury, can rise no higher than this.”
6 later decisions quote this exact passage · from the majority“a strong presumption that the prevailing party will be awarded costs”
4 later decisions 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.