Gilbert v. Ben-Asher’s Empirical Analysis
900 F.2d 1407 · 1990
Citation profile
14 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 37 later decisions — most recently August 2016 · most notably Danning v. Miller (1991), Peck v. Commissioner (1990)
14 federal appellate · 1 district · 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
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 28 U.S.C. § 1738 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on United Mine Workers of America v. Gibbs · Marrese v. American Academy of Orthopaedic Surgeons · Kruso v. International Telephone & Telegraph Corp. · Mullins Coal Co. v. Director, Office of Workers' Compensation Programs · Southland Corp. v. United States
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the issue was actually litigated in a previous proceeding; (2) there was a valid and final decision on the merits; (3) resolution of the issue was essential to the decision; (4) there is common identity of the parties; and (5) there was a full and fair opportunity to litigate the issue.”
1 later decision quote this exact passage · from the majority“may base [its] ruling on any ground supported by the record.”
1 later decision quote this exact passage · from the majoritye.g. Danning v. Miller“under the guise of a complaint sounding in tort”
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.