Elmore v. Henderson’s Empirical Analysis
227 F.3d 1009 · 2000
Citation profile
18 federal appellate · 6 district · 8 state decisions
How this case has been cited
Cited by 83 later decisions — most recently January 2024 · most notably Ciralsky v. Central Intelligence Agency (2004), Dandy v. United Parcel Service, Inc. (2004)
18 federal appellate · 6 district · 8 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 Delaware State College v. Ricks · American Pipe & Construction Co. v. Utah · Burnett v. New York Central Railroad · Crown, Cork & Seal Co. v. Parker · Cada v. Baxter Healthcare Corp.
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] suit dismissed without prejudice is treated for statute of limitations purposes as if it had never been filed. E.g., Beck v. Caterpillar Inc., supra, 50 F.3d [405] at 407 [ (7th Cir.1995) ]; Lambert v. United States, 44 F.3d 296, 298 (5th Cir.1995); Dade County v. Rohr Industries, Inc., 826 F.2d 983, 989 (11th Cir. 1987). Were this not the rule, statutes of limitations would be easily nullified. The plaintiff could file a suit, dismiss it voluntarily the next day, and have forever to refile it. The strongest case for the rule that the running of the statute of limitations is unaffected by a dismissal without prejudice is therefore the case in which the plaintiff procured the dismissal, as by voluntarily dismissing the suit. See, e.g., Willard v. Wood, 164 U.S. 502, 523 , 17 S.Ct. 176 , 41 L.Ed. 531 (1896); Beck v. Caterpillar Inc., supra, 50 F.3d at 407; Bonneville Associates, Limited Partnership v. Barram, 165 F.3d 1360, 1364 (Fed.Cir.1999). But that cannot place limits on the scope of the rule, since a plaintiff can almost always precipitate a dismissal without prejudice, for example by failing to serve the defendant properly or by failing to allege federal jurisdiction, even if he does not move to dismiss it. The rule is therefore as we stated it: when a suit is dismissed without prejudice, the statute of limitations is deemed unaffected by the filing of the suit, so that if the statute of limitations has run the dis missal is effectively with prejudice. E.g., Duffy v.”
4 later decisions quote this exact passage · from the majority“a suit dismissed without prejudice is treated for statute of limitations purposes as if it had never been filed.”
2 later decisions quote this exact passage · from the majority“The general rule is that, if the suit is dismissed without prejudice, meaning that it can be refiled, then the tolling effect of the filing of the suit is wiped out and the statute of limitations is deemed to have continued running from whenever the cause of action accrued, without interruption by that filing.”
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.