Hemmings v. Barian’s Empirical Analysis
822 F.2d 688 · 1987
Citation profile
45 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 76 later decisions — most recently December 2020 · most notably Tworivers v. Lewis (1999), Short v. Belleville Shoe Manufacturing Co. (1990)
45 federal appellate · 1 district · 1 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 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 42 U.S.C. § 1988
Relies on United Mine Workers of America v. Gibbs · Wilson v. Garcia · DelCostello v. International Brotherhood of Teamsters · Johnson v. Railway Express Agency, Inc. · Guaranty Trust Co. v. York
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“derived directly or indirectly, from a pattern of racketeering activity.”
3 later decisions quote this exact passage · from the majority“close interstices in federal law[,] ... when it is necessary for us to borrow a statute of limitations for a federal cause of action, we borrow no more than necessary.”
2 later decisions quote this exact passage · from the majority“Any period of limitation ... is understood fully only in the context of the various circumstances that suspend it from running against a particular cause of action. Although any statute of limitations is necessarily arbitrary, the length of the period allowed for instituting suit inevitably reflects a value judgment concerning the point at which the interests in favor of protecting valid claims are outweighed by the interests in prohibiting the prosecution of stale ones. In virtually all statutes of limitations the chronological length of the limitations period is interrelated with provisions regarding tolling, revival and questions of application. In borrowing a state period of limitation for application to a federal cause of action, a federal court is relying on the State’s wisdom in setting a limit, and exceptions thereto, on the prosecution of a closely analogous claim.”
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.