623 F. Supp. 2d 164 - Arivella v. Lucent Technologies, Inc.’s Empirical Analysis
2009
Citation profile
3 federal appellate · 4 district · 2 state decisions
Relationships
Applies 29 U.S.C. § 1113 (§ 413 of the Employee Retirement Income Security Act of 1974)
Relies on Bell Atlantic Corp. v. Twombly · American Pipe & Construction Co. v. Utah · Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson · Crown, Cork & Seal Co. v. Parker · United States v. Ibarra
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The difference[] between the forms of tolling is crucial because the animating principles of legal tolling are compatible with tolling a statute of repose, while the reasoning behind equitable tolling is not.... [T]he purpose of a statute of repose is to demarcate a period in which a plaintiff must place a defendant on notice of his or her injury, regardless of whether the plaintiff himself is aware that he has suffered an injury. The filing of a class action, which is the only conduct that can trigger American Pipe tolling, accomplishes the exact same goal, rendering the statute of repose superfluous for the period of time that the class action is pending. In this sense, “application of the American Pipe tolling doctrine to cases such as this one does not involve ‘tolling’ at all.” In contrast to legal tolling, equitable tolling would frequently work to frustrate statutes of repose by extending the time in which a plaintiff could file suit without providing the defendants with any notice of the potential claims against them.”
2 later decisions quote this exact passage · from the majority“Sections 413(1) and 413(2) present different types of durational limitations. Section 413(1), a prototypical “statute of repose,” refers exclusively to the conduct of the defendant and demarcates a fixed period of time within which a plaintiff can file a complaint. See Black’s Law Dictionary 1423 (7th Ed.1999) (defining a “statute of repose” as “[a] statute that bars a suit a fixed number of years after the defendant acts in some way ..., even if this period ends before the plaintiff has suffered an injury”). In contrast, section 413(2) is a standard “statute of limitations,” requiring that a plaintiff file suit within a certain period of time after he or she becomes aware of an injury suffered. Id. at 1422 (defining “statute of limitations” as “[a] statute establishing a time limit for suing in a civil case, based on the date when the claim accrued (as when the injury occurred or was discovered)”).”
1 later decision quote this exact passage · from the majority“The majority opinion unnecessarily, and I believe unwisely, broadens American Pipe. Unlike the setting in American Pipe, the filing of the state action in our case did not notify defendants of the “substantive claims being brought against them” in the district court. Although both actions were based on the same set of facts, the claims themselves asserted separate and distinct grounds for recovery. The [first action] was based on a state law theory of recovery seeking compensatory damages [while the subsequent actions] sought treble damages based on specific federal statutes.”
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.