Levin v. Berley’s Empirical Analysis
728 F.2d 551 · 1984
Citation profile
16 federal appellate · 7 district · 19 state decisions
How this case has been cited
Cited by 46 later decisions — most recently October 2018 · most notably Paterson-Leitch Co. v. Massachusetts Municipal Wholesale Electric Co. (1988), Herbert A. Sullivan, Inc. v. Utica Mutual Insurance (2003)
16 federal appellate · 7 district · 19 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 26 U.S.C. § 2056
Relies on Desist v. United States · 6 Cal. 3d 195 - Budd v. Nixen · Johnston v. Holiday Inns, Inc. · Slaney v. Westwood Auto, Inc. · Hendrickson v. Sears
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Adoption of ... [an] argument that a claim for permanent injury accrues only when the permanency is, or should have been discovered, would create an unacceptable imbalance between affording plaintiffs a remedy and providing defendants the repose that is essential to stability in human affairs. If knowledge of the extent of injury were to control the accrual of a cause of action, the fixed time period of statutes of limitations effectively would be destroyed. The full extent of an injury often is not discoverable for many years after it has been incurred. Under the rule proposed ..., there seldom would be a prescribed predictable period of time after which a claim would be barred.”
1 later decision quote this exact passage“(t)his uncertainty did not, however, delay accrual of [plaintiff's] cause of action.” Quoting the Supreme Judicial Court of Massachusetts, the First Circuit noted that”
1 later decision quote this exact passage“cause of action accrued, at the latest, when he was put to appreciable expense in order to justify the marital deduction.”
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.