Giles v. Campbell’s Empirical Analysis
698 F.3d 153 · 2012
Citation profile
6 federal appellate · 4 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Catlin v. United States · Moor v. County of Alameda · Robertson v. Wegmann · Giles v. Kearney · Singletary v. Pennsylvania Department of Corrections
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Bass , a defendant (Carr) died during the pendency of the litigation and the attorney who had represented Carr contended that he continued to represent him. Id. at 50 n. 12. The attorney in Bass filed a suggestion of death on behalf of Carr (and another deceased defendant), and argued that the case against Carr should be dismissed because the plaintiff did not timely move to substitute the defendant’s estate. Id. We rejected the attorney’s arguments at the outset, because “[c]oun-sel’s attorney-client relationship with Carr ceased at Carr’s death.” Id.; see also Fariss v. Lynchburg Foundry, 769 F.2d 958, 962 (4th Cir. 1985) (“The attorney’s agency to act ceases with the death of his client... and he has no power to continue or terminate an action on his own initiative.”). We concluded our analysis by noting that the suggestion of death “was deficient because the suggestion was not served on the decedents’ successors or representatives as required by Fed. R. Civ. P. 25(a).” 868 F.2d at 50 n. 12.”
1 later decision quote this exact passage · from the majority“(1) Substitution if the Claim Is Not Extinguished. If aparty dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent’s successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed. (2) Continuation Among the Remaining Parties. After a party’s death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record. (3) Service. A motion to substitute, together with a notice of hearing, must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4. A statement noting death must be served in the same manner. Service may be made in any judicial district.”
1 later decision quote this exact passage · from the majority“the Government’s representation of Campbell ended when he died. We note that there is no evidence that the Government thereafter began representing Campbell’s estate. Accordingly, the parties were required to — and failed to — serve Campbell’s estate pursuant to Rule 4. We hold that the District Court lacked personal jurisdiction over the estate. See Ayres v. Jacobs & Crumplar, P.A., 99 F.3d 565, 570 (3d Cir. 1996) (holding that personal jurisdiction is not conferred if service under Rule 4 is not properly effected); Ransom, 437 F.2d at 519 (same).”
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.