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← 85 F. Supp. 2d 792 - Parrish v. HBO & Co.

85 F. Supp. 2d 792 - Parrish v. HBO & Co.’s Empirical Analysis

1999

Citation profile

5
cited by 5 later decisions
2
states following
January 2013
most recently cited

2 state decisions

Relationships

Applies 28 U.S.C. § 1367 · 29 U.S.C. § 626 (§ 7 of the Age Discrimination in Employment Act of 1967)

Relies on Conley v. Gibson · United Mine Workers of America v. Gibbs · Hishon v. King & Spalding · Papasan v. Allain · Carnegie-Mellon University v. Cohill

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Numerous authorities have recognized that the purpose of § 1367(d) was to ensure that plaintiffs did not lose their right to pursue their state law claims in state court in the event that the federal court failed to exercise supplemental jurisdiction over those claims. As stated in Moore’s Federal Practice: Subsection (d) of the supplemental jurisdiction statute enacts a salutary tolling provision to save supplemental claims that have been dismissed in federal court for assertion in state court.... The legislative history indicates that the provision’s purpose is to prevent the loss of claims to statute of limitations if state law might fail to toll the running of the limitation period while a supplemental claim is pending in federal court.”
    1 later decision quote this exact passage
  2. “The period of limitations for any claim asserted under subsection (a), and for any other claim in the action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.”
    1 later decision quote this exact passage
  3. “that incorporation of a state saving statute into a federal statute of limitations `would produce nonuniform periods of limitation in the several States. The scope of such statutes and the length of additional time they allow vary considerably from State to State. Moreover, not all States have saving statutes.'”
    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.