Collins v. Johnson’s Empirical Analysis
1985
Citation profile
2 federal appellate · 2 district · 9 state decisions
How this case has been cited
Cited by 13 later decisions — most recently August 2012
2 federal appellate · 2 district · 9 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 Wild v. Rarig · Conlisk v. Calvin · Johnson v. Winthrop Laboratories Division of Sterling Drug, Inc. · Togstad v. Vesely, Otto, Miller & Keefe · Sandbulte v. Farm Bureau Mutual Insurance Co.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen a party against whom a cause of action exists in favor of another, by fraudulent concealment prevents such other from obtaining knowledge thereof, the statute of limitations will commence to run only from the time the cause of action is discovered or might have been discovered by the exercise of diligence.”
2 later decisions quote this exact passage“Central to the concept of fraud is a knowing and intentional statement, act, or refusal to act where a duty to act lies. There is no evidence in the record to support a conclusion that any of the doctors involved in plaintiff's surgeries knew that their representations about the surgeries were false or were made in reckless disregard of their truth or falsity. Moreover, there is no evidence to support the argument that Dr. Buchwald’s actions during the January 17, 1986, surgery were intended to conceal the results of the January 13, 1986 surgery. Plaintiff has failed to make out any case for fraudulent concealment.”
1 later decision quote this exact passagee.g. Haberle v. Buchwald“A statute of limitations may be tolled if the cause of action is fraudulently concealed by the defendant. To establish fraudulent concealment, a plaintiff must prove there was an affirmative act or statement which concealed a potential cause of action, that the statement was known to be false * * *, and that- the concealment could not have been discovered by reasonable diligence.”
1 later decision quote this exact passage
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.