Lyons v. Fisher’s Empirical Analysis
888 F.2d 1071 · 1989
Citation profile
13 federal appellate · 1 state decisions
How this case has been cited
Cited by 22 later decisions — most recently August 2018
13 federal appellate · 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 United States v. United States Gypsum Co. · White v. Murtha · United States v. United States Gypsum Co. · Carpa, Inc. v. Ward Foods, Inc. · Goodpasture, Inc., Cross-Appellant v. M/v Pollux, Etc., Cross-Appellee, and Negocios Del Mar, S.A., Etc., Defendant-Third Party Cross-Appellee v. Empac Grain Co., Etc., and a Shipment of Wheat of 19,067.949 Metric Tons, Etc., Third-Party Defendant
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the evidence on a subsequent trial was substantially different, (2) controlling authority has since made a contrary decision of the law applicable to such cases, or (3) the decision was clearly erroneous and would work manifest injustice.”
4 later decisions quote this exact passage · from the majority“We might be persuaded that manifest injustice had occurred as a result of the alleged error if Fisher had presented such evidence in the prior proceeding and the previous panel had disregarded the evidence because of a misunderstanding of the law, or if consideration had become an issue only after it reached the appellate level and Fisher had had no opportunity in the prior proceeding to adduce such evidence.”
2 later decisions quote this exact passage · from the majority“a decision of a factual or legal issue by an appellate court establishes the 'law of the case' and must be followed in all subsequent proceedings in the same case in the trial court or on a later appeal in the appellate court.”
2 later decisions 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.