DeRienzo v. Harvard Industries, Inc.’s Empirical Analysis
357 F.3d 348 · 2004
Citation profile
5 federal appellate · 1 state decisions
Relationships
Relies on Curley v. Klem · O'KEEFFE v. Snyder · Farrell v. Votator Division of Chemetron Corp. · Viviano v. CBS, INC. · 360 N.J. Super. 472 - Claypotch v. Heller, Inc.
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.
“Whenever the claim or defense asserted in the 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. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within one hundred and twenty (120) days of commencement of the action, the party to be brought in my amendment: (1) Has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits; and (2) Knew or should have known that but for a mistake concerning the identity of the proper party, the action would have been brought against him.”
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.