Allred v. Chynoweth’s Empirical Analysis
990 F.2d 527 · 1993
Citation profile
3 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 15 later decisions — most recently December 2013
3 federal appellate · 1 district · 4 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. § 924
Relies on In the Matter of Samuel Winship · Lane v. Peterson · Order of Railroad Telegraphers v. Railway Express Agency, Inc. · United States v. One Assortment of 89 Firearms · Applied Genetics International, Inc. v. First Affiliated Securities, 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Because Ms. Chynoweth does not contest liability, she cannot assert the delay has impaired her ability to present a defense. Her only claim is that plaintiffs should not be able to recover because she successfully prevented them from discovering her liability for many years. That is not within the ambit of equitable concern which motivates the adoption of statutes of limitations.””
2 later decisions quote this exact passage · from the concurrence“[E]quity aids the vigilant, not those who slumber on their rights.”
2 later decisions quote this exact passage · from the dissent“The discovery rule tolls the statute of limitations until the plaintiff knows or should know of the facts constituting the cause of action, (citations omitted), including the fact of causation. There is a substantive difference between knowledge of causation and mere suspicion. (Citation omitted.) The statute cannot start running when the plaintiff merely knows or should know that there is a suspected link between a particular substance and cancer in general.... A rule that the statute begins to run as soon as a plaintiff becomes aware that a particular substance is suspected to cause cancer in some people would be absurd, for it would force the plaintiff to file suit against all suspected sources of carcinogens simply to prevent the statute from running. A plaintiff who did so, without further support for the allegation ... would be susceptible to dismissal on grounds of frivolity.”
1 later decision quote this exact passage · from the concurrence
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.