Cutting v. Town of Allenstown’s Empirical Analysis
936 F.2d 18 · 1991
Citation profile
5 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 10 later decisions — most recently June 2020
5 federal appellate · 1 district · 2 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)) · 42 U.S.C. § 1988
Relies on Hanna v. Plumer · General Contracting & Trading Co. v. Interpole, Inc. · United States v. Berenguer · Taylor v. Boston & Taunton Transportation Co. · Varnes v. Local 91, Glass Bottle Blowers Ass'n
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[U]nder the Federal Rules of Civil Procedure, once the summons was properly served under Rule 4, neither the plaintiff nor the clerk of court had a further duty to notify the defaulted parties. Fed. R. Civ. P. 5(a) specifically negates any requirement of service “on parties in default for failure to appear.” . . . While, therefore, it was unfortunate the [defendant] did not receive notice of the further proceedings, including particularly of the hearing on damages, and while, had the court known that notice was not sent, it might have acted on its own to provide additional notice not called for by the rules, the fact remained that the [defendant] received all the notice called for under the governing federal rules.”
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.