Long v. Wilson’s Empirical Analysis
393 F.3d 390 · 2004
Citation profile
11 federal appellate · 14 district ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 636
Relies on Miranda v. State of Arizona Vignera · Rose v. Lundy · Duncan v. Walker · Picard v. Connor · Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We have held that motions to amend pleadings should be liberally granted.”
4 later decisions quote this exact passage · from the majority“Block elaborates a standard for judging prejudice that is compatible with ... Rule 15(a) jurisprudence in this Circuit. The Second Circuit reasoned that, generally, the longer the unexplained delay, the less the plaintiff must show in terms of prejudice. 988 F.2d at 350 (citing Advocat v. Nexus Indus., Inc., 497 F.Supp. 328, 331 (D.Del.1980)). In determining what constitutes prejudice, the Second Circuit considers “whether the assertion of the new claim would: (i)require the opponent to expend significant additional resources to conduct discovery and prepare for trial; (ii) significantly delay the resolution of the dispute; or (iii) prevent the plaintiff from bringing a timely action in another jurisdiction.” Id. (internal quotations and citations omitted)... .We endorse the Second Circuit approach.”
1 later decision quote this exact passage · from the majority“Even if not raised, we believe we could consider the issue sua sponte .... The Court has the power to notice a `plain error' though it is not assigned or specified.... In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity or public reputation of judicial proceedings.”
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.