Davet v. Maccarone’s Empirical Analysis
973 F.2d 22 · 1992
Citation profile
57 federal appellate · 228 district · 3 state decisions
How this case has been cited
Cited by 302 later decisions — most recently January 2025 · most notably Pagano v. Frank (1993), Provencher v. CVS Pharmacy, Division of Melville Corp. (1998)
57 federal appellate · 228 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 26 U.S.C. § 636 · 28 U.S.C. § 1291 · 28 U.S.C. § 1920 · 28 U.S.C. § 636 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Thomas v. Arn · Gertz v. Robert Welch, Inc. · Carey v. Piphus · Smith v. Wade · Sloan v. Hicks
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 302 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Failure to raise objections to the Report and Recommendation waives the party's right to review in the district court and those not preserved by such objection are precluded on appeal.”
6 later decisions quote this exact passage · from the majority“may not assess the credibility of witnesses, evaluate the weight of the evidence or resolve conflicts in testimony, but rather must view all facts and reasonable inferences therefrom in the light most favorable to the non-movant.”
2 later decisions quote this exact passage · from the majority“[P]unitive damages are reserved for instances where the defendant's conduct is of the sort that calls for deterrence and punishment over and above that provided by compensatory damages.”
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.