Kenny v. Quigg’s Empirical Analysis
820 F.2d 665 · 1987
Citation profile
14 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 44 later decisions — most recently June 2024 · most notably Varat Enterprises Inc First Union Commercial Corporation v. Nelson Mullins Riley and Scarborough (1996), American Canoe Association Incorporated v. Murphy Farms Incorporated Dm (2003)
14 federal appellate · 2 district · 1 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 29 U.S.C. § 1104 (§ 404 of the Employee Retirement Income Security Act of 1974)
Relies on Montana v. United States · Lawlor v. National Screen Service Corp. · United States v. Armour & Co. · Troxler Hosiery Co. v. United States · United States v. Bailey
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. The first suit must have concluded in a final judgment on the merits; 2. The second suit must involve the assertion of claims by persons who were parties or in privity with parties in the first suit; and 3. The claims asserted in a second suit must be based on the same cause of action as the first suit.”
2 later decisions quote this exact passage · from the majority“'an interest in the cause litigated and participated in the proceedings actively enough to make him privy to the record ... [even though] he was not named in the complaint and did not intervene.'”
2 later decisions quote this exact passage · from the majority“persons who are neither original parties to, nor intervenors in, district court proceedings ordinarily may not appeal a judgment of the district court.”
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.