269 F. Supp. 2d 268 - Feingold v. Hankin’s Empirical Analysis

Citation profile

1 district ·

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

1. ““In exercising this discretion, courts consider 1) whether the statute of limitations would bar a re-filed action, 2) whether the defendant attempted to conceal the defect in service, 3) whether the defendant would be prejudiced by excusing the plaintiff from the time constraints of the provision, and 4) whether the defendant had actual notice of the claims asserted in the complaint.””

   3 later decisions quote this exact passage · from the majority
   e.g. Berk v. Dyer (In Re Dyer) · Savage & Associates, P.C. v. Williams Communications (In Re Teligent Services, Inc.)

2. “If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.”

   2 later decisions quote this exact passage · from the majority
   e.g. Haidon v. Budlong & Budlong, LLC · Savage & Associates, P.C. ex rel. Teligent, Inc. v. 1201 Owner Corp. (In re Teligent Inc.)

3. “Good cause ... is evidenced only in exceptional circumstances, where the insufficiency of service results from circumstances beyond the plaintiff's control.”

   1 later decision quote this exact passage · from the majority
   e.g. Haidon v. Budlong & Budlong, LLC