Berthelsen v. Kane’s Empirical Analysis
907 F.2d 617 · 1990
Citation profile
29 federal appellate · 7 district · 3 state decisions
How this case has been cited
Cited by 77 later decisions — most recently May 2020 · most notably Smith v. Commissioner (1991), Amernational Industries, Inc. v. Action-Tungsram, Inc. (1991)
29 federal appellate · 7 district · 3 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 Peralta v. Heights Medical Center, Inc. · Jones v. Farm Credit Administration · Corn Belt Bank v. Armstrong · Invst Financial Group, Inc. v. Chem-Nuclear Systems, Inc. · Davis v. Musler
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To establish prejudice, the plaintiff must show that the delay will result in the loss of evidence, increased difficulties in discovery, or greater opportunities for fraud and collusion.”
4 later decisions quote this exact passage · from the majority“The same considerations exist when deciding whether to set aside either an entry of default [under Rule 55(c)] or a default judgment [under Rule 60(b) ], but they are to be applied more liberally when reviewing an entry of default. While a default judgment may be vacated only by satisfying the stricter standards applied to final, appealable orders under Fed.R.Civ.P. 60(b), an entry of default may be set aside for “good cause shown.””
3 later decisions quote this exact passage · from the majority“Pursuant to the provision of Rule 39(e), the district court is free to determine whether the premium paid on the supersedeas bond should be taxed as costs after there has been a determination on the merits of this case.”
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.