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← 81 F.3d 1310 - Varat Enterprises Inc First Union Commercial Corporation v. Nelson Mullins Riley and Scarborough

Varat Enterprises Inc First Union Commercial Corporation v. Nelson Mullins Riley and Scarborough’s Empirical Analysis

81 F.3d 1310 · 1996

Citation profile

225
cited by 225 later decisions
4
states following
August 2024
most recently cited

31 federal appellate · 16 district · 8 state decisions

How this case has been cited

Cited by 225 later decisions — most recently August 2024 · most notably 184 Ill. 2d 290 - River Park, Inc. v. City of Highland Park (1998), International Paper Company v. Schwabedissen Maschinen & Anlagen Gmbh (2000)

31 federal appellate · 16 district · 8 state decisions

11901996200020102020decided

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

Relies on Allen v. McCurry · Montana v. United States · Brown III v. Felsen · Stoll v. Gottlieb · United States v. Owens

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 225 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Generally, claim preclusion occurs when three conditions are satisfied: 1) the prior judgment was final and on the merits, and rendered by a court of competent jurisdiction in accordance with the requirements of due process; 2) the parties are identical, or in privity, in the two actions; and, 3) the claims in the second matter are based upon the same cause of action involved in the earlier proceeding.”
    9 later decisions quote this exact passage · from the majority
  2. “operates to bar subsequent litigation of those legal and factual issues common to both actions that were 'actually and necessarily determined by a court of competent jurisdiction' in the first litigation.”
    5 later decisions quote this exact passage · from the majority
  3. “arise out of the same transaction or series of transactions ... or the same core of operative facts.”
    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.