12 Cal. 3d 410 - Elkins v. Derby’s Empirical Analysis
1974
Citation profile
47 federal appellate · 10 district · 208 state decisions
How this case has been cited
Cited by 322 later decisions — most recently May 2018 · most notably 21 Cal. 3d 313 - Addison v. State of California (1978), 14 Cal. 3d 502 - Davies v. Krasna (1975)
47 federal appellate · 10 district · 208 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
Relies on Burnett v. New York Central Railroad · Order of Railroad Telegraphers v. Railway Express Agency, Inc. · Tilton v. Missouri Pacific Railroad · 20 Cal. 2d 713 - Wennerholm v. Stanford University School of Medicine · New York Central & Hudson River Railroad v. Kinney
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 322 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a line of relatively recent California cases which points toward the principle that regardless of whether the exhaustion of one remedy is a prerequisite to the pursuit of another, if the defendant is not prejudiced thereby, the running of the limitations period is tolled “[w]hen an injured person has several legal remedies and, reasonably and in good faith, pursues one.””
3 later decisions quote this exact passage“[prevent] surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared.”
3 later decisions quote this exact passage“[i]f, in order to avert loss of his rights, an injured party is forced to initiate proceedings with both the compensation board and a superior court, he brings onerous burdens upon himself, his employer, and the already overtaxed judicial system.”
2 later decisions quote this exact passage
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.