Gordon v. Norman’s Empirical Analysis
788 F.2d 1194 · 1986
Citation profile
21 federal appellate · 3 district · 4 state decisions
How this case has been cited
Cited by 48 later decisions — most recently December 2017 · most notably Logan v. Dayton Hudson Corp. (1989), Patterson v. Balsamico (2006)
21 federal appellate · 3 district · 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Monell v. Department of Social Services of City of New York · Cuyler v. Sullivan · Owen v. City of Independence · Smith v. Wade · Wood v. Georgia
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.
“In Coleman v. Frierson, 607 F.Supp. 1566 (N.D.Ill.1985), defendants moved for relief from a default judgment claiming counsel’s representation of them gave rise to a conflict of interest warranting such relief under the rational of Dunton. Judge Shadur concluded there was no clear basis for reading Dunton as creating a universal per se conflict rule. Rather, the court construed Dunton as reasserting “ ‘the need for sensitivity to the risk of conflict throughout the course of a lawsuit involving multiple representation’ ”... especially in cases — like those proceeding under Monell — where the differing interest among clients may not be immediately apparent. The court indicated that whenever an actual conflict arises, the judge and the parties have the joint responsibility to guard any threatened interest. In denying defendant’s motion, the court noted that even if the multiple representation created a risk of conflict, no conflict was ever realized. in Cuyler v. Sullivan, 446 U.S. 335 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980), [a criminal case,] the Supreme Court made it clear that prejudice would be presumed only if the defendant demonstrated that counsel actively representing conflicting interest and that an actual conflict of interest adversely effected his lawyer’s performance.”
3 later decisions quote this exact passage · from the majority“involves an evaluation of the nature of the conduct in question, the wisdom of some form of pecuniary punishment, and the advisability of a deterrent. Therefore the infliction of such damages and the amount thereof when inflicted are of necessity within the discretion of the trier of fact.”
3 later decisions quote this exact passage · from the majority“[t]he bar should be aware of potential ethical violations and possible malpractice claims.”
3 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.