Smith v. Phillips’s Empirical Analysis
881 F.2d 902 · 1989
Citation profile
17 federal appellate · 8 district · 6 state decisions
How this case has been cited
Cited by 36 later decisions — most recently July 2021 · most notably Stewart v. Donges (1990), United Nuclear Corporation v. Cranford Insurance Company (1990)
17 federal appellate · 8 district · 6 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 28 U.S.C. § 1291
Relies on Griggs v. Provident Consumer Discount Co. · Marrese v. American Academy of Orthopaedic Surgeons · Budinich v. Becton Dickinson & Co. · Szabo Food Service, Inc. v. Canteen Corp. · Trans World Airlines, Inc. v. Independent Federation of Flight Attendants
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A voluntary dismissal by stipulation under [Federal Rules of Civil Procedure] Rule 41(a)(1)(h) is of right, cannot be conditioned by the court, and does not call for the exercise of any discretion on the part of the court. Once the stipulation is filed, the action on the merits is at an end.... “[A]n unconditional dismissal [ordinarily] terminates ... jurisdiction except for the limited purpose of reopening and setting aside the judgment of dismissal [if any] within the scope allowed by [Rule] 60(b).””
3 later decisions quote this exact passage · from the majority“says we agree with the 7th Circuit that ... an unconditional dismissal terminates federal jurisdiction, except for the limited purpose of reopening and setting aside the judgment of dismissal with the scope of Rule 60(b). So it seems to me you’ve got to use 60(b) to reopen and set aside the judgment.”
1 later decision quote this exact passage · from the majority“Even after an appeal has been taken the district court may consider applications for attorneys' fees because they are considered wholly collateral to the merits ....”
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.