McGregor’s Empirical Analysis
Citation profile
1 federal appellate · 6 district · 1 state decisions
How this case has been cited
Cited by 49 later decisions (1 by the Supreme Court) — most recently February 2019 · most notably Bell Atlantic Corp. v. Twombly (2007), McCarthy v. Azure (1994)
1 federal appellate · 6 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
Relies on Conley v. Gibson · William L. O'Brien v. Robert J. Digrazia · Carl B. Hoitt, Jr. v. Joseph C. Vitek, Etc. · Walls · Lucien M. Aubut v. State of Maine
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[W]e are not holding the pleader to an impossibly high standard; we recognize the policies behind Rule 8 and the concept of notice pleading. A plaintiff will not be thrown out of court for failing to plead facts in support of every arcane element of his claim. But when a complaint omits facts that, if they existed, would clearly dominate the case, it seems fair to assume that those facts do not exist.””
8 later decisions quote this exact passage · from the majority“[Ijmplicit in the [Federal Rules of Civil Procedure] is ... the notion that the rules do contemplate a statement of circumstances, occurrences, and events in support of the claim being presented. In the instant case, plaintiffs failed completely to allege in their complaints either the costs they incurred or, at minimum, the actions they took in response to the allegedly hazardous conditions at the Industrial Excess Landfill_ But when a plaintiff ... supplies facts to support his claim, we do not think that Conley imposes a duty on the courts to conjure up unpleaded facts that might turn a frivolous claim into a substantial one.... In the instant case, plaintiffs ... failed to allege any similar factual basis for their conclusory allegations that they had personally incurred response costs consistent with the National Contingency Plan. The district court was not, therefore, required to presume facts that would turn plaintiffs’ apparently frivolous claim under Section [ 42 U.S.C. § 9607 ] of CERCLA into a substantial one.”
2 later decisions quote this exact passage · from the majority“(2)(B) No action may be commenced under subsection (a)(1)(B) of this section if the Administrator, in order to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment— (i) has commenced and is diligently prosecuting an action under section 6973 of this title or under section 106 of [CERCLA;] (ii) is. actually engaging in a removal action under section 104 of [CERCLA]; (in) has incurred costs to initiate a Remedial Investigation and Feasibility Study under section 104 of. [CERCLA] and is diligently proceeding with a remedial action under the Act; or (iv) has obtained a court order (including consent decree) or issued an administrative order under section 106 of [CERCLA] or section 6973 of this title pursuant to which a responsible party is diligently conducting a removal action, Remedial Investigation and Feasibility Study (RIFS), or proceeding with a remedial action. In the case of an administrative order referred to in clause (iv), actions under subsection (a)(1)(B) of this section are prohibited only as to the scope and duration of the administrative order referred to in clause (iv).”
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.