Rubins v. Plummer’s Empirical Analysis
1990
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently December 2020
7 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 28 U.S.C. § 1915 · 42 U.S.C. § 1985
Relies on Goldberg v. Kelly · Doe ex rel. Doe v. St. Joseph's Hospital of Fort Wayne · Tingler v. Marshall · Boyce v. Alizaduh · Western United Realty, Inc. v. Isaacs
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A trial court should normally refrain from dismissing a complaint for failure to state a claim unless such a deficiency is brought to its attention by way of pleadings or motions by the parties. If the court is inclined to dismiss sua sponte, it must afford the plaintiff an opportunity to be heard_ While we agree that circumstances might arise when a trial court is justified in raising the dismissal sua sponte, it should, as a matter of fundamental fairness, if not procedural due process, give plaintiff an opportunity to persuade the court that dismissal is not proper.”
1 later decision quote this exact passagee.g. Jenkins v. Weis“Generally, a trial court may not dismiss an action when neither party has sought dismissal and there has been no notice or hearing on whether there exists a justifiable cause for dismissal.”
1 later decision quote this exact passage“the court's use of its `inherent power' effectively to bypass the rules of civil procedure is an evil to be avoided”
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.