Ripple v. Wold’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rationale for requiring personal service on the representative or successor is explained as follows: Personal service of the suggestion of death on the representative achieves a salutary litigation function. It alerts the nonparty to the consequences of death for a pending suit, signaling the need for action to preserve the claim if so desired. In addition to insuring that the decedent’s representative has notice of the litigation, a supplemental reason for rejecting service on decedent’s attorney alone is based on the law of agency. Because the attorney’s power to act ceases with the client’s death, counsel has no power to continue or terminate an action on behalf of a dead client. 6 Moore’s Federal Practice, § 25.10[3][e], at 25-21 (Matthew Bender 3d ed.) (citations and internal quotation omitted); accord Federal Practice & Procedure, supra, § 1955, at 545 & n. 12: [The attorney for the deceased] is not himself a party to the action and, since his authority to represent the deceased terminated on the death, he is not a “representative of the deceased party” of the sort contemplated in the rule. (Citations omitted) (noting also that the decedent’s attorney may not suggest the death on the record).”

   1 later decision quote this exact passage · from the majority
   e.g. Swenson v. Brown

2. “This interpretation of our rule is consistent with the rule’s purpose, which is to prevent undue delay in a lawsuit. The ninety-day time limitation for a party to file a motion for substitution ensures that the lawsuit will either continue forward or will be dismissed as to the deceased party. To accomplish this end, it is not necessary that a suggestion of death be filed only by a party or the successors or representatives of the deceased party. A suggestion of death may be filed by an attorney for the deceased party. Furthermore, this interpretation is also consistent with the ethical obligations imposed on attorneys, including those whose client dies. An attorney has an ethical obligation to take the necessary steps to protect a deceased client’s interests immediately following the client’s death, as suggested in the comment to rule 1.3 of the Rules of Professional Conduct; Unless the relationship is terminated as provided in Rule 1.14, a lawyer should carry through to conclusion all matters undertaken for a client.”

   1 later decision quote this exact passage
   e.g. Swenson v. Brown