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← 98 N.M. 179 - King v. Lujan

King v. Lujan’s Empirical Analysis

1982

Citation profile

42
cited by 42 later decisions
4
states following
August 2024
most recently cited

6 district · 34 state decisions

How this case has been cited

Cited by 42 later decisions — most recently August 2024 · most notably Meiboom v. Watson (2000), Gathman-Matotan Architects & Planners, Inc. v. State (1990)

6 district · 34 state decisions

17019821990200020102020decided

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

Relies on Raymond MOORE, Appellant, v. ST. LOUIS MUSIC SUPPLY COMPANY, INC., Appellee · Prieto v. Home Education Livelihood Program · 216 So. 2d 59 - Barrentine v. Vulcan Materials Company · 23 Wash. App. 178 - Fittro v. Alcombrack · Owens v. Weingarten's, Inc.

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

  1. “A party who has slept on his rights should not be permitted to harass the opposing party with a pending action for an unreasonable time. Rule 41(e) specifically addresses this concern. Holding that a Rule 41(b) dismissal without prejudice tolls the statute for the time the case was pending could conceivably extend the time for bringing the suit indefinitely; the plaintiff could continuously refile but never act to bring the case to its conclusion. Furthermore, the courts should not distinguish between a plaintiff who takes no action before the limitations period expires and a plaintiff who files a complaint before the period expires but who thereafter takes no action ....”
    2 later decisions quote this exact passage
  2. “even though the filing of a suit ordinarily tolls the applicable limitations period, when an action is dismissed without prejudice because of a failure to prosecute, the interruption is considered as never having occurred”); Shaw v. Corcoran, 570 S.W.2d 96, 98 (Tex.Civ.App. 1978) (same); Owens v. Weingarten's Inc., 442 F.Supp. 497, 498 (W.D.La.1977) (same). . Mississippi's savings statute gives plaintiffs an additional year to”
    2 later decisions quote this exact passage
  3. “A plaintiff who files near the end of the limitations period benefits from being able to prosecute his claim after the period has expired, but if he fails to take advantage' of that opportunity, and suffers dismissal for failure to prosecute, there is no reason to let him have an extended period in which to sue.”
    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.