804 F. Supp. 539 - DeWeerth v. Baldinger’s Empirical Analysis
1992
Citation profile
6 federal appellate ·
Relationships
Applies 28 U.S.C. § 1652 (Rules of Decision Act)
Relies on Erie Co v. Tompkins · Hanna v. Plumer · Guaranty Trust Co. v. York · United States v. Swift & Co. · Bernhardt v. Polygraphic Co. of America, 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““confers broad discretion on the trial court to grant relief when ‘appropriate to accomplish justice,’” International Controls Corp. v. Vesco, 556 F.2d 665 , 668 n. 2 (2d Cir.1977) (quoting Klapprott v. United States, 335 U.S. 601 , 615, 69 S.Ct. 384 , 390, 93 L.Ed. 266 (plurality opinion of Black, J.), modified on other grounds, 336 U.S. 942 , 69 S.Ct. 384 , 93 L.Ed. 266 (1949)), cert. denied, 434 U.S. 1014 , 98 S.Ct. 730 , 54 L.Ed.2d 758 (1978); it constitutes a “grand reservoir of equitable power to do justice in a particular ease,” Radack v. Norwegian America Line Agency, Inc., 318 F.2d 538 , 542 (2d Cir.1963) (quoting 7 Moore’s Federal Practice, ¶ 60.27[2] at 60-295). It is “properly invoked where there are extraordinary circumstances, Ackermann v. United States, 340 U.S. 193 , 199, 71 S.Ct. 209 , 212, 95 L.Ed. 207 (1950); see United States v. Cirami, 563 F.2d [26, 32 (2d Cir.1977) ]; or where the judgment may work an extreme and undue hardship, see United States v. Karahalias, 205 F.2d 331 , 333 (2d Cir.1953); In re Emergency Bearcon Corp., 666 F.2d 754 , 759 (2d Cir.1981), and “should be liberally construed when substantial justice will thus be served.” Radack v. Norwegian America Line Agency, Inc., 318 F.2d at 542 ; see also Dunlop v. Pan American World Airways, Inc., 672 F.2d 1044 , 1051 (2d Cir.1982); United States v. Cirami, 563 F.2d at 32.”
1 later decision quote this exact passage · from the dissent“may have been because the district court rather than the appellate court is the appropriate initial forum for seeking redress due to post-decisional changes in law or facts.”
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.