Henricks v. Pickaway Correctional Institution’s Empirical Analysis
782 F.3d 744 · 2015
Citation profile
4 federal appellate ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E
Relies on Cohen v. Beneficial Industrial Loan Corp. · Mitchell v. Forsyth · Johnson v. Jones · Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc. · Kennedy v. City of Cleveland
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Plaintiffs failed to identify any specific discovery that they were not able to pursue.... [The magistrate judge] did not point to a single example of discovery that Plaintiffs had not pursued.... The Court concluded that there was prejudice solely on the basis that Plaintiffs ' could have reasonably assumed that [Charter] had decided not to pursue this defense.' " (final alteration in original) (quoting D.N. 81, PageID # 1429); see also D.N. 188, PageID # 4555-56) The Court thus concludes that Charter waived the defense of qualified privilege by failing to assert it in a responsive pleading. 2. Denial of Amendment The deadline for amendment of pleadings, as agreed by the parties, was July 24, 2015. (D.N. 22, PageID # 129) Because Charter did not seek leave to amend its answer until nearly five months after that deadline, it was first required to show "good cause”
1 later decision quote this exact passage · from the majority“has failed to show 'that it even made a good faith effort to comply with the standard procedure for raising affirmative defenses.' " Henricks , 782 F.3d at 751 (quoting U.S. Fire Ins. Co. v. City of Warren , 87 F. App'x 485 , 491 (6th Cir. 2003) ); see id. ("When the defendant is unable to offer any reasonable explanation for its tardiness in presenting a defense, finding waiver is not an abuse of discretion.”
1 later decision quote this exact passage · from the majority“asserted an affirmative defense in a motion to dismiss but did not object when the magistrate judge ignored the defense and did not file an answer or other responsive pleading,”
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.