77 F. Supp. 2d 91 - Vanover v. Hantman’s Empirical Analysis
1999
Citation profile
92 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 2671 · 28 U.S.C. § 2679 · 28 U.S.C. § 2680 · 28 U.S.C. § 510 · 2 U.S.C. § 1301 (Congressional Accountability Act of 1995) · 2 U.S.C. § 1802 · 2 U.S.C. § 60 · 2 U.S.C. § 60
Relies on Board of Regents of State Colleges v. Roth · Cleveland Board of Education v. Loudermill · Logan v. Zimmerman Brush Co. · United States Accardi v. Shaughnessy · Bush v. Lucas
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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here a document is referred to in the complaint and is central to plaintiff's claim, such a document attached to the motion papers may be considered without converting the motion to one for summary judgment.”
7 later decisions quote this exact passage · from the majority“Def.’s Mem.”), the Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant’s Motion to Dismiss ("Pl.’s Mem.”), and the Defendant’s Reply Memorandum of Points and Authorities in Support of Motion to Dismiss ("Def.'s Reply”). 2 . Because the pleadings are sufficient to rule on the motion, the defendant's request for oral argument is denied. 3 . In his memorandum in opposition to the defendant's motion to dismiss, the plaintiff describes four distinct contractual arrangements; two provided for a monthly retainer plus a success fee and two provided for a success fee only. Pl.’s Mem. at 13-14. The retainer payments varied in amount, as did dle percentage used to calculate the success fee. Id. 4 . It appears from the plaintiff’s filings that this sum represents neither a success fee nor a monthly retainer, but rather a daily consulting fee. Pl.’s Mem., Ex. 4 (Email #.266). 5 . Although Rule 12(d) of the Federal Rules of Civil Procedure requires that a motion under Rule 12(b)(6) be considered as a motion for summary judgment if "matters outside the pleadings are presented to and not excluded by the court,”
1 later decision quote this exact passage · from the majority“A complaint may be dismissed for lack of subject matter jurisdiction only if “ 'it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ ” In our review, this court assumes the truth of the allegations made and construes them favorably to the pleader.”
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.