Dempsey v. Belanger’s Empirical Analysis

Citation profile

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

1. “The JAS generally permits a party to refile an action that has been dismissed on technical grounds. Irwin Mortg. Corp. v. Marion Cnty. Treasurer, 816 N.E.2d 439, 443 (Ind.Ct.App.2004). The JAS’s purpose is to ensure that a diligent suitor retains the right to a hearing in court until receiving a judgment on the merits. Id. at 444 . “The prerequisites under th[is] statute ... are strict.” 22A Stephen E. Arthur, Indiana Practice: Civil Trial Practice § 39.12 (2nd ed.2007). A plaintiff cannot be said to “fail” within the meaning of this statute unless he makes an unavailing effort to succeed. If he makes such an effort in good faith, and fails upon some question which does not involve the merits of his case, and if such failure is not due to negligence in its prosecution, the statute may be held to apply. Al-Challah v. Barger Packaging, 820 N.E.2d 670, 674-75 (Ind.Ct.App.2005) (emphasis added) (quotation omitted). That is, the JAS provides for continuation when a plaintiff fails to obtain a decision on the merits for some reason other than his own neglect and the statute of limitations expires while his suit is pending. Id. at 674 ; see also Cox v. Am. Aggregates Corp., 684 N.E.2d 193, 195 (Ind.1997) (enabling an action dismissed for lack of personal jurisdiction in one state to be refiled in another state despite the intervening running of the statute of limitations). To invoke the benefits of the JAS, the claimant must have commenced a timely action that failed for reasons oth”

   1 later decision quote this exact passage
   e.g. Kindred Nursing Centers, d/b/a Royal Oaks Health Care and Rehabilitation Center v. The Estate of Carrie Etta McGoffney

2. “(a) This section applies if a plaintiff commences an action and: (1) the plaintiff fails in the action from any cause except negligence in the prosecution of the action; (2) the action abates or is defeated by the death of a party; or (3) a judgment is arrested or reversed on appeal. (b) If subsection (a) applies, a new action may be brought not later than the later of: (1) three (3) years after the date of the determination under subsection (a); or (2) the last date an action could have been commenced under the statute of limitations governing the original action; and be considered a continuation of the original action commenced by the plaintiff.”

   1 later decision quote this exact passage
   e.g. Kindred Nursing Centers, d/b/a Royal Oaks Health Care and Rehabilitation Center v. The Estate of Carrie Etta McGoffney