Davis v. Bryan’s Empirical Analysis
810 F.2d 42 · 1987
Citation profile
27 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 65 later decisions — most recently August 2017 · most notably Venters v. City of Delphi (1997), Robinson v. Johnson (2002)
27 federal appellate · 4 district · 3 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 Greenholtz v. Inmates of Nebraska Penal and Correctional Complex · Tilton v. Missouri Pacific Railroad · Burtnieks v. City of New York · Falls Riverway Realty, Inc. v. City of Niagara Falls · Santos v. District Council of New York City
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t)he statute of limitations is an affirmative defense under Fed.R.Civ.P. 8(c) that must be asserted in a party's responsive pleading at the earliest possible moment and is a personal defense that is waived if not promptly pleaded.” Davis v. Bryan, 810 F.2d 42, 44 (2d Cir. 1987) (internal quotation marks omitted). Additionally,”
3 later decisions quote this exact passage · from the majority“If a defendant fails to assert the statute of limitations defense, the district court ordinarily should not raise it sua sponte.”
2 later decisions quote this exact passage · from the majority“when and if that defense is asserted....”
1 later decision quote this exact passage · from the majoritye.g. Feldman v. Gogos
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.