Perry Coleman’s Empirical Analysis

Citation profile

41 district · 6 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 251 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “examine whether permissive joinder would comport with the principles of fundamental fairness or would result in prejudice - 65 - to either side.”

   2 later decisions quote this exact passage · from the majority
   e.g. Kress Stores of Puerto Rico, Inc. v. Wal-Mart Puerto Rico, Inc. · K-Beech, Inc. v. John Does 1-37

2. “Jeney, Gentile, and Coleman did not move to amend their complaints to add the disparate impact theory of liability until their reply to Quaker’s motion for summary judgment. Despite having hired a statistical expert years before the summary judgment motions and having received the first statistical report noting the disparities between the retention of older and younger employees over a year before filing for summary judgment, the employees had never moved to amend their complaints. In fact, Jeney and Gentile had the statistical report before they amended their complaint to add the Title VII allegations. Jeney, Gentile, and Coleman do not offer any explanation for their failure to amend their complaints earlier. See Acri v. International Ass’n of Machinists and Aerospace Workers, 781 F.2d 1393 , 1398 (9th Cir.1986) (stating that even under the liberal Rule 15 standard “late amendments to assert new theories are not reviewed favorably when the facts and the theory have been known to the party seeking amendment’ since the inception of the. cause of action.”). Moreover, granting the request to amend the complaint would likely have required reopening discovery so that Quaker could develop its evidence to prepare its defenses to this theory. “A need to reopen discovery and therefore delay the proceedings supports a district court’s finding of prejudice from a delayed motion to amend the complaint.” Lockheed Martin Corp. v. Network Solutions, Inc., 194 F.3d 980, 986 (9th Cir.1999).”

   1 later decision quote this exact passage · from the majority
   e.g. Aldan v. World Corp.

3. “Generally, Federal Rule of Civil Procedure 15(a) liberally allows for amendments to pleadings. In this case, however, the district court correctly found that it should address the issue under Federal Rule of Civil Procedure 16 because it had filed a pretrial scheduling order that established a timetable for amending the pleadings, and the deadline had expired before Jeney, Gentile, and Coleman moved to amend. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-09 (9th Cir.1992).”

   1 later decision quote this exact passage · from the majority
   e.g. Aldan v. World Corp.