Richards v. Mileski’s Empirical Analysis
662 F.2d 65 · 1981
Citation profile
34 federal appellate · 58 district · 14 state decisions
How this case has been cited
Cited by 124 later decisions — most recently May 2025 · most notably Firestone v. K Firestone, Hobson v. Wilson (1984)
34 federal appellate · 58 district · 14 state decisions
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
Applies 28 U.S.C. § 294 · 5 U.S.C. § 552 (Freedom of Information Act)
Relies on Erie Co v. Tompkins · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Foman v. Davis · Jenkins v. McKeithen · Glus v. Brooklyn Eastern District Terminal
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 124 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is an inherent problem in using a motion to dismiss for purposes of raising a statute of limitations defense. Although it is true that a complaint sometimes discloses such defects on its face, it is more likely that the plaintiff can raise factual setoffs to such an affirmative defense. The filing of an answer, raising the statute of limitations, allows both parties to make a record adequate to measure the applicability of such a defense, to the benefit of both the trial court and any reviewing tribunal. We do not hold that the use of a motion to dismiss is always improper to raise a statute of limitations defense, but we do suggest that a responding party often imposes an undue burden on the trial court and impedes the orderly administration of the lawsuit when he relies on a motion to dismiss to raise such an affirmative defense.”
8 later decisions quote this exact passage“[w]hen tolling is proper because the defendants have concealed the very cause of action, ... they have the burden of coming forward with any facts showing that the plaintiff could have discovered ... the cause of action if he had exercised due diligence.”
4 later decisions quote this exact passage“fraudulent concealment requires that the defendant commit some positive act tending to conceal the cause of action from the plaintiff, although any word or act tending to suppress the truth is enough.” Richards, 662 F.2d at 70 . Defendant”
3 later decisions 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.