Hammer v. Drago’s Empirical Analysis
940 F.2d 524 · 1991
Citation profile
35 federal appellate · 5 district ·
How this case has been cited
Cited by 93 later decisions — most recently January 2015 · most notably Dierschke v. O'Cheskey (1992), Civic Center Square, Inc. v. Ford (1993)
35 federal appellate · 5 district ·
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 11 U.S.C. § 523 · 28 U.S.C. § 158
Relies on Tiller v. NCNB Bank · Brendale v. Confederated Tribes & Bands of the Yakima Indian Nation · Shibuya v. Voss · Bazarian v. United States · Meadows v. Dominican Republic
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the plaintiff would be prejudiced if the judgment is set aside, (2) defendant has no meritorious defense, or (3) the defendant's culpable conduct led to the default.”
16 later decisions quote this exact passage · from the majority“A party's conduct is culpable if he has received actual or constructive notice of the filing of the action and failed to answer the complaint.”
4 later decisions quote this exact passage · from the majority“First, since Rule 60(b) is remedial in nature, it must be liberally applied.... Second, default judgments are generally disfavored, and “ ‘[w]henever it is reasonably possible, cases should be decided upon their merits.’ ” ... Third, where a defendant seeks timely relief from the judgment and has a meritorious defense, doubt, if any, should be resolved in favor of the motion to set aside the judgment.”
3 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.