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← 972 P.2d 1235 - Burkholz v. Joyce

Burkholz v. Joyce’s Empirical Analysis

1998

Citation profile

9
cited by 9 later decisions
1
states following
May 2011
most recently cited

1 federal appellate · 8 state decisions

How this case has been cited

Cited by 9 later decisions — most recently May 2011

1 federal appellate · 8 state decisions

60199820002010decided

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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Myers v. McDonald · Warren v. Provo City Corp. · O'NEAL v. Division of Family Services · Walker Drug Co. v. La Sal Oil Co. · Olsen v. Hooley

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

  1. “(1) in situations where the discovery rule is mandated by statute; (2) in situations where a plaintiff does not become aware of the cause of action because of the defendant's concealment or misleading conduct; and (3) in situations where the case presents exceptional cireumstances and the application of the general rule would be irrational or unjust, regardless of any showing that the defendant has prevented the discovery of the cause of action.”
    3 later decisions quote this exact passage
  2. “[b]efore a period of limitations may be tolled under the [exceptional circumstances] version[ ] of the discovery rule, an initial showing must be made that the plaintiff did not know and could not reasonably have discovered the facts underlying the cause of action in time to commence an action within that period.”
    1 later decision quote this exact passage
  3. “[I]n certain circumstances the discovery rule may operate to toll the period of limitations until the discovery of the facts forming the basis for the cause of action.”
    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.