McCurry v. Allen’s Empirical Analysis
688 F.2d 581 · 1982
Citation profile
19 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 32 later decisions — most recently September 2014 · most notably Johnson v. Bechtel Associates Professional Corp. (1983), Duncan v. Clements (1984)
19 federal appellate · 3 district · 3 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Allen v. McCurry · Rizzo v. Goode · United States v. Union Central Life Insurance · Wood v. Worachek · Varlack v. SWC Caribbean, 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(c) Relation Back of Amendments. An amendment of a pleading relates back to the date of the original pleading when (2) the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, or (3) the amendment changes the party or the naming of the party against whom a claim is asserted if the foregoing provision (2) is satisfied and, within the period provided by Rule 4(m) for service of the summons and complaint, the party to be brought in by amendment (A) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits, and (B) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.”
4 later decisions quote this exact passage · from the majority“[t]he requirements of Rule 15(c) raise factual issues not susceptible to determination at the appellate level.”
2 later decisions quote this exact passage · from the majority“knew or should have known [prior to the running of the applicable statute of limitations] that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.”
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.