Johns-Manville Corporation v. United States’s Empirical Analysis
893 F.2d 324 · 1989
Citation profile
4 federal appellate · 1 district ·
How this case has been cited
Cited by 39 later decisions — most recently March 2013 · most notably Clark v. Busey (1992), Widdoss v. Secretary of Department of Health and Human Services (1993)
4 federal appellate · 1 district ·
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. § 1292 · 28 U.S.C. § 1500 · 28 U.S.C. § 1919 · 28 U.S.C. § 2412
Relies on Mansfield Ry Co v. Swan · United States v. Chemical Foundation, Inc. · In Re Peterson · Hobbs v. McLean · Fairmont Creamery Co v. State of Minnesota
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he rationale behind the common law rule does not. permit an exception which would empower courts to award costs where they have no jurisdiction____ “[A]s the court can render no judgment for or against either party, it cannot render a judgment even for costs.””
2 later decisions quote this exact passage · from the majority“The [trial] court held that it had no jurisdiction whatever of the case, and yet gave a judgment for the costs of the motion, and ordered that an execution should issue to collect them. This was clearly erroneous. If there were no jurisdiction there was no power to do anything but to strike the case from the docket.”
1 later decision quote this exact passage · from the majority“[b]ecause the Claims Court did not have jurisdiction over the civil actions brought by Manville in this case, section 2412(a) is inapplicable and does not empower the Claims Court to award costs.”
1 later decision quote this exact passage · from the majoritye.g. Burkhardt v. Gober
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.