Barto v. Weishaar’s Empirical Analysis

Citation profile

11 state decisions

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided in Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons. Unless the motion for substitution is made not later than 90 days after the death is suggested upon the record by service of a statement of the fact of the death as provided herein for the service of the motion, the action shall be dismissed as to the deceased party.”

   1 later decision quote this exact passage · from the majority
   e.g. Bennett v. Topping

2. “The rule is quite clear that unless the motion for substitution is made within ninety days after the death is suggested upon the record, the action “shall be dismissed as to the deceased party.” The district judge was required to dismiss the deceased party.”

   1 later decision quote this exact passage · from the majority
   e.g. Wharton ex rel. Wharton v. City of Mesquite

3. “would open the door to a tactical maneuver to place upon the plaintiff the burden of locating the representative of the estate within 90 days.”

   1 later decision quote this exact passage · from the majority
   e.g. MCNAMEE VS. DIST. CT. (BIANCHI)