Herbert v. Lando’s Empirical Analysis
781 F.2d 298 · 1986
Citation profile
29 federal appellate · 8 district · 5 state decisions
How this case has been cited
Cited by 83 later decisions (1 by the Supreme Court) — most recently July 2019 · most notably Masson v. New Yorker Magazine, Inc. (1991), Liberty Lobby, Inc. v. Dow Jones & Co. (1988)
29 federal appellate · 8 district · 5 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 10 U.S.C. § 938 · 28 U.S.C. § 1292
Relies on New York Times Co. v. Sullivan · Gertz v. Robert Welch, Inc. · Bose Corp. v. Consumers Union of United States, Inc. · St. Amant v. Thompson · Rosenbloom v. Metromedia, Inc.
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“could not be said to have had actual malice in publishing [it].”
11 later decisions quote this exact passage · from the majority“is determined to be nominal or nonexistent, the statements are dismissed as not actionable.”
5 later decisions quote this exact passage · from the majority“obvious reasons to doubt the veracity of the informant or the accuracy of his reports.”
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.