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← 566 NW2D 190 - Henry v. Shober

Henry v. Shober’s Empirical Analysis

1997

Citation profile

13
cited by 13 later decisions
1
states following
March 2013
most recently cited

13 state decisions

How this case has been cited

Cited by 13 later decisions — most recently March 2013

13 state decisions

70199720002010decided

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 Winters v. Teledyne Movible Offshore, Inc. · Geiger v. Allen · Mid-Continent Wood Products, Inc. v. Harris · Kirkland Broitman v. Kirkland Hermestroff · Cutler v. Klass, Whicher & Mishne

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.

  1. ““[t]he plaintiff must have taken some affirmative action to effectuate service of process upon the defendant or have been prohibited, through no fault of his [or her] own, from taking such an affirmative action. Inadvertence, neglect, misunderstanding, ignorance of the rule or its burden, or half-hearted attempts at service have generally been waived as insufficient to show good cause. Moreover, intentional nonservice in order to delay the development of a civil action or to allow time for additional information to be gathered prior to ‘activating’ the lawsuit has been held to fall short of ... good cause.... ””
    3 later decisions quote this exact passage
  2. “[t]he plaintiff must have taken some affirmative action to effectuate service of process upon the defendant or have been prohibited, through no fault of his [or her] own, from taking such an affirmative action. Inadvertence, neglect, misunderstanding, ignorance of the rule or its burden, or half-hearted attempts at service have generally been waived as insufficient to show good cause.”
    2 later decisions quote this exact passage
  3. “The court must first determine if the delay was presumptively abusive. If the delay was presumptively abusive the court must then determine if the plaintiff has carried the burden of proving the delay was justified. If it was not justified, the case must be dismissed. If the delay was justified, dismissal by reason of abusive delay is inappropriate. . Even if the delay was not presumptively abusive, an intentional delay can still require dismissal.”
    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.