Dimmitt v. Ockenfels’s Empirical Analysis

Citation profile

7 federal appellate · 9 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he “excusable neglect” inquiry involves “a significant equitable component and must give due regard to the totality of the relevant circumstances surrounding the movant’s lapse.” Bennett [v. City of Holyoke, 362 F.3d 1, 5 (1st Cir.2004) ] ... First, as we have repeatedly held, “even under the flexible standard prescribed by Pioneer [Inv. Svcs. Co. v. Brunswick Assoc. Ltd. P’ship, 507 U.S. 380 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993)], counsels’ inattention or carelessness, such as a failure to consult or to abide by an unambiguous court procedural rule, normally does not constitute “excusable neglect”. See Pioneer, 507 U.S. at 392 , 113 S.Ct. 1489 (“[I]nadvertence, ignorance of the rules, or mistakes concerning construing the rules do not usually constitute ‘excusable neglect.’ ”); Stonkus v. City of Brockton Sch. Dep’t, 322 F.3d 97, 101 (1st Cir.2003); Graphic Communications Int’l Union, Local 12-N v. Quebecor Printing Providence, Inc., 270 F.3d 1, 6-7 (1st Cir.2001); Hospital del Maestro v. NLRB, 263 F.3d 173, 175 (1st Cir.2001) (per curiam). Moreover, among the factors enumerated in Pioneer, by far the most critical is the asserted reason for the mistake.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re LaClair