Wiren v. Paramount Pictures, Inc.’s Empirical Analysis
206 F.2d 465 · 1953
Citation profile
15 federal appellate · 3 district · 6 state decisions
How this case has been cited
Cited by 27 later decisions — most recently January 2019 · most notably Diamond v. Davis (1996), Everett A. R. Searl, Pearl A. Searl v. Donald M. Earll (1954)
15 federal appellate · 3 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
Relies on Hartmann v. Time, Inc. · Barthel v. Stamm · Wiren v. Laws · Time, Inc. v. Hartmann · Kramer v. United States
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Rule 15(c), Fed.Rules Civ.Proc., 28 U.S.C.A., provides, however, that when a claim asserted in an amended pleading arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleading the amendment relates back to the date of the original pleading. This rule has been discussed in a number of cases. In L. E. Whitham Const. Co. v. Remer, 10 Cir., 1939, 105 F.2d 371, 375-376 , it is held, 'the rule is not applicable where the amendment introduces a different and additional claim or cause of action.’ In Barthel v. Stamm, 5 Cir., 1944, 145 F.2d 487 , certiorari denied, 1945, 324 U.S. 878 , 65 S.Ct. 1026 , 89 L.Ed. 1430 , in ruling that the amendment related back, the court pointed out in detail how the writings pleaded in the amendment had to do with the same claim set forth in the original pleading. In Murfkan v. Kahn, D.C.S.D.Fla.1951, 11 F.R.D. 520, 522 , it is said that though Rule 15(c) does not use the phrase ‘new cause of action’, the principle still prevails that an amendment will not be allowed if it introduces a new cause of action which as an independent proceeding would be barred by the statute of limitations. In Boerkoel v. Hayes Mfg. Corp., D.C.W.D.Mich.1948, 76 F.Supp. 771 , the guiding principle, turning upon whether or not a new cause of action is stated, is reaffirmed, but it is also pointed out that if the amendment merely explains, expands or amplifies what was alleged in support of the cause of action already ass”
1 later decision 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.