Nelson v. Blacker’s Empirical Analysis
1985
Citation profile
2 district · 7 state decisions
How this case has been cited
Cited by 9 later decisions — most recently May 2013
2 district · 7 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
Relies on 42 Colo. App. 255 - Farber v. Green Shoe Mfg. Co. · Schleining v. Estate of Sunday · 39 Colo. App. 431 - Tell v. McElroy · Kingsley v. Clark
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Dismissal with prejudice is a drastic sanction to be applied Nelson v. only in extreme situations.”
2 later decisions quote this exact passage“We are not inclined, either, to temper the plain meaning of the language by engraft-ing upon it an extension of the limitations period equal to the asserted reasonable time, inferred from [F.R.C.P.] 4, for the service of a timely filed complaint. [F.R.CP.] 4 deals only with process. [F.R.C.P.] 38 concerns the "commence ment" of a civil action. Under [F.R.C.P.] 15(c), the emphasis is upon "the period provided by law for commencing the action against" the defendant. An action is commenced by the filing of a complaint.... Any possible doubt about this should have been dispelled 20 years ago by the Advisory Committee's 1966 Note about Rule 15(c). The Note specifically states that the Rule's phrase "within the period provided by law for commencing the action" means "within the applicable limitations period": "An amendment changing the party against whom a claim is asserted relates back if the amendment satisfies the usual condition of Rule 15(c) of 'arising out of the conduct ... set forth ... in the original pleading,' and if, within the applicable limitations period, the party brought in by amendment, first, received such notice of the institution of the action-the notice need not be formal-that he would not be prejudiced in defending the action, and, second, knew or should have known that the action would have been brought against him initially had there not been a mistake concerning the identity of the proper party" (emphasis supplied).”
1 later decision 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.