Brooks v. Cook’s Empirical Analysis
938 F.2d 1048 · 1991
Citation profile
19 federal appellate · 1 state decisions
How this case has been cited
Cited by 36 later decisions — most recently November 2017 · most notably Riverwoods Chappaqua Corp. v. Marine Midland Bank, N.A. (1994), United States v. Montgomery (1998)
19 federal appellate · 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 15 U.S.C. § 15 (§ 4 of the Clayton Antitrust Act of 1914) · 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Terry v. Ohio · Hensley v. Eckerhart · Christiansburg Garment Co. v. Equal Employment Opportunity Commission · Hughes v. Rowe · Mahan & Rowsey, Inc. v. Oklahoma Natural Gas
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] party is not entitled to have the jury instructed in the particular language of his choice.”
2 later decisions quote this exact passage · from the majoritye.g. 1997-2 Trade Cases P 71,963, 97 Cal. Daily Op. Serv. 8296, 97 Daily Journal D.A.R. 13,433 Omega Environmental, Inc., a Delaware Corporation Ats Omega, a Texas Corporation Kelley Omega, a Washington Corporation John J. Reynolds, Individually Patrick J. Reynolds, Individually Fedorico Haller, Individually Francisco Calleja, Individually Fernando Calleja, Individually William H. Kelley, Individually Michael J. Reynolds, Individually v. Gilbarco, Inc., a Delaware Corporation, Omega Environmental, Inc., a Delaware Corporation Ats Omega, a Texas Corporation Kelley Omega, a Washington Corporation and John J. Reynolds, Individually Patrick J. Reynolds, Individually Fedorico Haller, Individually Francisco Calleja, Individually Fernando Calleja, Individually, William H. Kelley, Individually Michael J. Reynolds, Individually v. Gilbarco, Inc., a Delaware Corporation Rochester Petroleum Equipment Company, a Minnesota Corporation · 1997-2 v. Dar Omega Environmental Inc Ats“If you . . . award a nominal figure as damages, and thus give plaintiff a souvenir judgment, you are entitling plaintiff, as the prevailing party in this lawsuit, to ask the Court at a later stage of the proceeding to award him attorney's fees commensurate to the value of his attorney's services in this case.”
1 later decision quote this exact passage · from the majority“[t]he majority rule is that it is error for a court to instruct a jury that it will subsequently treble any damages the jury awards.”
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.