Farmer v. State’s Empirical Analysis

Citation profile

1 federal appellate · 23 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(c) Relation Back of Amendments. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against him, the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) 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.”

   4 later decisions quote this exact passage
   e.g. Dore v. City of Fairbanks · Siemion v. Rumfelt

2. “[T]he estate (through its insurer) knew that, but for the Craigs' mistake, the action would have been brought against it.”

   2 later decisions quote this exact passage
   e.g. Siemion v. Rumfelt · Phillips v. Gieringer

3. “insofar as the allegations of the complaint assert claims against “Rumfelt” who is identified in the body of the complaint as Jeffrey Rumfelt, (R. 2) it is plainly reasonable to infer or assume that Jeffrey Rumfelt would have been advised by his father Timothy Rumfelt that a complaint had been received by him on or about January 24, 1989 involving claims arising out of the accident in which Jeffrey Rumfelt was involved with Siemion. 4 This Court has previously stated that: [t]he identity of interest standard usually requires a nexus between the new and the old parties as to the subject of the litigation and an analogous legal position within the case itself. See 3 J. Moore, supra, § 15.15[4.-1] at 15-160 n. 12. Where the new and the old party share the same attorney, imputed notice can readily be found and the dictates of Civil Rule 15(c) are nonetheless adhered to.”

   1 later decision quote this exact passage
   e.g. Siemion v. Rumfelt