Whiting v. Maiolini’s Empirical Analysis
921 F.2d 5 · 1990
Citation profile
15 federal appellate · 20 district · 3 state decisions
How this case has been cited
Cited by 47 later decisions — most recently January 2018 · most notably Neal v. Kelly (1992), Booth v. United States (1993)
15 federal appellate · 20 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Gay v. Wall Ef Cd Rd · Amersbach v. City of Cleveland · Condon v. Local United Steelworkers of America · Moody v. Town of Weymouth · Street v. Fair
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“any error in failing to give express notice as harmless when the opponent has received the affidavit and materials, has had an opportunity to respond to them, and has not controverted their accuracy.”
3 later decisions quote this exact passage · from the majority“[w]hen discovery has barely begun and the nonmovant has had no reasonable opportunity to obtain and submit additional evidentiary materials to counter the movant's affidavits, conversion of a Rule 12 motion to a Rule 56 motion is inappropriate.”
2 later decisions quote this exact passage · from the majority“all parties shall be given a reasonable opportunity to present all material made pertinent”
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.