Public-domain · open source
OpenJurist
← 617 F.3d 197 - Gerena v. Korb

Gerena v. Korb’s Empirical Analysis

617 F.3d 197 · 2010

Citation profile

27
cited by 27 later decisions
December 2023
most recently cited

4 federal appellate · 6 district ·

Relationships

Applies 28 U.S.C. § 1404 · 28 U.S.C. § 1406 · 28 U.S.C. § 1631

Relies on Van Dusen v. Barrack · Sanborn v. Greenwald · Stuart v. American Cyanamid Company · Finance One Public Co. v. Lehman Bros. Special Financing, Inc. · Hamilton v. Atlas Turner, 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.”
    5 later decisions quote this exact passage · from the majority
  2. “If a district court receives a case pursuant to a transfer under ... 28 U.S.C. § 1631 , for want of jurisdiction, it logically applies the law of the state in which it sits, since the original venue, with its governing laws, was never a proper option.”
    2 later decisions 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.