Nolph v. Scott’s Empirical Analysis

Citation profile

4 federal appellate · 12 state decisions

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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(2) An amendment changing the party against whom a claim is asserted relates back if the condition of paragraph (1) is satisfied and, within the period provided by law for commencing the action against him, the party to be brought in by amendment (a) has received such notice of the institution of the action that he will not be prejudiced in maintaining his 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 him."”

   2 later decisions quote this exact passage
   e.g. Harralson v. Monger · Munday v. Mayfair Diagnostic Laboratory

2. “[T]he relation back rule mandates that the party to be named in an amended pleading knew or should have known about the action brought against him. CR 15.03(2)(b). Actual, formal notice may not be necessary. Cf. Funk v. Wagner Machinery, Inc., Ky.App., 710 S.W.2d 860 (1986). Nevertheless, knowledge of the proceedings against him gained during the statutory period must be attributed to the defendant.”

   2 later decisions quote this exact passage
   e.g. Gailor v. Alsabi · Pacific Employers Insurance v. Sav-A-Lot of Winchester

3. “Appointment of a warning order attorney is a procedural device permitting an action to proceed in certain circumstances, unknown to the defendant.”

   1 later decision quote this exact passage
   e.g. Kentucky Farm Bureau Mutual Insurance Co. v. Ryan