Phelps Dodge Corp. v. Guerra’s Empirical Analysis
1978
Citation profile
89 state decisions
How this case has been cited
Cited by 89 later decisions — most recently August 2017 · most notably Hernandez v. Mead Foods, Inc. (1986), State v. Peppers (1990)
89 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 Ackermann v. United States · Klapprott v. United States · Southern Pacific Railroad v. United States · Southern Pac Co v. United States · Tozer v. Charles A. Krause Milling Co.
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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The intendment of Rule 60(b) is to carefully balance the competing principles of finality and relief from unjust judgments. The courts should and do give it liberal construction, 7 Moore’s Federal Practice § 60.18(8), at 216.1 (2d ed. 1975). . In our case Phelps’ request for relief did not specifically mention Rule 60(b). The pleading simply stated that the claim for the second injury had been settled and paid. The manner in which the relief is requested and the nomenclature used is not significant. [Citations omitted.] Setting aside a judgment under Rule 60(b) is discretionary with the trial court. [Citations omitted.] Appellate courts will not interfere with the action of the trial court in vacating a judgment except upon a showing of abuse of discretion. [Citation omitted.] The court should be liberal in determining what constitutes good cause to vacate a judgment so that the ultimate result will address the true merits and substantial justice will be done. [Citation omitted.]”
1 later decision quote this exact passagee.g. Barker v. Barker“even if Guerra had prevailed in this Court on the other issues, that awarding of attorney's fees would have been in error since, even if Guerra had won this appeal, there would not yet have been any decision by the trial court as to his entitlement to compensation until after the case had been remanded. Until there has been an award of compensation at the trial court level, an allowance of attorney's fees is improper. [Citations omitted.]”
1 later decision quote this exact passage“to provide a simplified method for correcting errors in final judgments”
1 later decision quote this exact passagee.g. Ac v. Cb
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.