Harvey Blankenbaker’s Empirical Analysis
1989
Citation profile
2 federal appellate · 7 district · 2 state decisions
How this case has been cited
Cited by 13 later decisions — most recently December 2014
2 federal appellate · 7 district · 2 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 Anderson v. City of Bessemer City · United States v. United States Gypsum Co. · International Brotherhood of Teamsters v. United States · Parklane Hosiery Co. v. Shore · Griggs v. Duke Power Co.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although the use of issue preclusion by plaintiffs is not subject to [Federal Rule of Civil Procedure 8(c) ], the rationale for requiring a party to plead defensive issue preclusion pretrial applies to offensive use as well- — to provide “the opposing party notice of the plea of estoppel and a chance to argue, if he can, why the imposition of an estoppel would be inappropriate.” Although this notice requirement was established in a case approving defensive use of issue preclusion, it has even more force for offensive use, when, as here, plaintiffs seek to benefit from litigation to tvhich they were not parties.”
1 later decision quote this exact passage · from the majority“Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system ... provided that such differences are not the result of an intention to discriminate.”
1 later decision quote this exact passage · from the majority“Whether the district court failed to consider or accord proper weight or significance to relevant evidence are questions of law we review de novo.”
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.