Dean v. Barber’s Empirical Analysis
951 F.2d 1210 · 1992
Citation profile
28 federal appellate · 8 district · 6 state decisions
How this case has been cited
Cited by 160 later decisions — most recently April 2021 · most notably Harrods Limited v. Sixty Internet Domain Names (2002), Bass v. Perrin (1999)
28 federal appellate · 8 district · 6 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 28 U.S.C. § 1915 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Monell v. Department of Social Services of City of New York · Haines v. Kerner · United Mine Workers of America v. Coronado Coal Co · Gillespie v. Civiletti · Hansen v. Black
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 160 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The capacity of an individual ... to sue or be sued shall be determined by the law of the individual’s domicile. The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized. In all other cases capacity to sue or be sued shall be determined by the law of the state in which the district court is held, except (1) that a partnership or other unincorporated association; which has no such capacity by the law of such state, may sue or be sued in its common name for the purpose of enforcing for or against it a substantive right existing under the Constitution or law of the United States.”
1 later decision quote this exact passage · from the dissent“The district court erred by granting summary judgment without ruling on Dean’s motion to compel discovery. Because discovery matters are “committed to the sound discretion of the district court, ... we review [this question] under an abuse of discretion standard.” By effectively ignoring Dean’s motion to compel, the district court abused its discretion.”
1 later decision quote this exact passage · from the majoritye.g. Merrifield v. Arave“A civil litigant, ... has no absolute constitutional right to the appointment of counsel. The appointment of counsel is instead a privilege that is justified only by exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner.”
1 later decision quote this exact passage · from the dissent
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.