Krain v. Smallwood’s Empirical Analysis
880 F.2d 1119 · 1989
Citation profile
16 federal appellate · 2 state decisions
How this case has been cited
Cited by 30 later decisions — most recently June 2021 · most notably Ferrelli v. River Manor Health Care Center (2003), Neilson v. Colgate-Palmolive Co. (1999)
16 federal appellate · 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 Roberts v. Ohio Casualty Insurance · Westcott v. United States Fidelity & Guaranty Co. · Bodnar v. Bodnar · Cyntje v. Government of the Virgin Islands
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“when a substantial question exists regarding the competence of an unrepresented party the court may not dismiss with prejudice for failure to comply with an order of the court.”
2 later decisions quote this exact passage · from the majority“[t]he court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.”
1 later decision quote this exact passage · from the majoritye.g. Krain v. Brown R“the court may find that the incompetent person's interests would be adequately protected by the appointment of a lawyer.”
1 later decision quote this exact passage · from the majoritye.g. Naruto v. Slater
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.