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← 360 FAPPX 974 - Gibson v. Parish

Gibson v. Parish’s Empirical Analysis

2010

Citation profile

2
cited by 2 later decisions
1
states following
April 2017
most recently cited

1 district · 1 state decisions

Relationships

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 157

Relies on Erie Co v. Tompkins · Johnson v. Railway Express Agency, Inc. · Chardon v. Fumero Soto · Aldrich v. McCulloch Properties, Inc. · Thomas v. Denny's, 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “While the statute of limitations is an affirmative defense, when the dates given in the complaint make clear that the right sued upon has been extinguished, the plaintiff has the burden of establishing a factual basis for tolling the statute. Statute of limitations questions may, therefore, be appropriately resolved on a Fed.R.Civ.P. 12(b) motion.”
    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.