Stone v. Millstein’s Empirical Analysis
804 F.2d 1434 · 1986
Citation profile
23 federal appellate ·
How this case has been cited
Cited by 39 later decisions — most recently September 2002 · most notably Miller v. Fairchild Industries, Inc. (1989), Price v. United States Navy (1994)
23 federal appellate ·
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. § 78J (§ 10 of the Securities Exchange Act of 1934) · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Erie Co v. Tompkins · Vandygriff v. Phillips · Hannahville Indian Community v. United States · Securities & Exchange Commission v. W. J. Howey Co. · United States v. McConney
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“when it is manifestly clear that plaintiff will not prove his case, granting a Rule 41(b) motion at an earlier time may be permissible.”
2 later decisions quote this exact passage · from the majority“[t]he judge is the trier of fact and “may weigh and consider the evidence and sustain defendant’s motion though plaintiffs evidence establishes a prima facie case that would have precluded a directed verdict for defendant in a jury case.””
1 later decision quote this exact passage · from the majority“upon consummation of the sale of a partnership interest, the selling partner's interest and participation in the partnership are terminated.”
1 later decision quote this exact passage · from the majoritye.g. Lund v. Albrecht
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.