Dillingham v. Greeley Publishing Co.’s Empirical Analysis
1985
Citation profile
1 federal appellate · 2 district · 10 state decisions
How this case has been cited
Cited by 13 later decisions — most recently February 2020
1 federal appellate · 2 district · 10 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 Conley v. Gibson · Cooper v. United States Postal Service · Washington v. Confederated Bands & Tribes of the Yakima Indian Nation · Ingram v. Kumar · Kirk v. Cronvich
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“within the period provided by law for commencing the action against him”
7 later decisions quote this exact passage · from the majority“"Although on its face the phrase, 'within the period provided by law for commene-ing the action against him,' seems to mean the applicable statute of limitations period, such a literal interpretation is unjustified in jurisdictions where timely service of process can be effected after the statute of limitations has run. In those jurisdictions, even an accurately named defendant may not receive actual notice of the action against him prior to the running of the statute of limitations. Yet there is no doubt that the action against him is timely commenced. There is no reason why a misnamed defendant is entitled to earlier notice than he would have received had the complaint named him correctly."”
1 later decision quote this exact passage · from the majority“the period provided by law for commencing the action 'does not require that the substituted party receive notice within the statute of limitations, but allows for relation back where the original complaint was timely filed and the substituted party receives notice within the time allowed for service of process' "). 113 After our decision in Dillingham, F.R.C.P. 15(c) was amended to resolve the ambiguity surrounding the relation back time period in the federal rule As amended, FRCP. 15(0)(1)(C) now provides that the party to be named must have had the requisite notice "within the period provided by Rule 4(m) for serving the summons and complaint.”
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.