Ortiz v. Dodge’s Empirical Analysis
126 F.3d 545 · 1997
Citation profile
12 federal appellate · 6 district ·
How this case has been cited
Cited by 32 later decisions — most recently September 2022 · most notably The Nutrasweet Company v. Vit-Mar Enterprises, Inc. (1999), John Hancock Mutual Life Insurance v. Olick (1998)
12 federal appellate · 6 district ·
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 28 U.S.C. § 1291 · 48 U.S.C. § 1613A
Relies on Cohen v. Beneficial Industrial Loan Corp. · Coopers & Lybrand v. Livesay · Catlin v. United States · Fw/pbs Inc II v. City of Dallas Mjr Inc · Firestone Tire & Rubber Co. v. Risjord
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in view of the finality policy of 28 U.S.C. § 1291 and 48 U.S.C. § 1613a(c), this is something we do not generally engage in (absent specific statutory authorization). Such statutory authorization comes from Congress. See U.S. Const. Art III. § 1 (“The judicial Power of the United States shall be vested in ... such inferí- or Courts as the Congress may from time to time ordain and establish.”). If we were to blithely take jurisdiction over appeals of decisions that the Appellate Division rendered on interlocutory appeal, we would in practice be allowing our jurisdiction to expand based on the Virgin Islands Legislature’s exercise of its authority, under 48 U.S.C. § 1613a(a), to determine the appellate jurisdiction of the Appellate Division. Of course, the scheme in § 1613a means that, for a Territorial Court case to appear on our docket on appeal, it is necessary that the Virgin Islands Legislature confer intermediate appellate jurisdiction on the Appellate Division; but it does not follow that such a jurisdictional statute is sufficient to confer jurisdiction, in turn, on this Court. Hence we decline to conclude that in enacting § 1613a Congress intended to cede to the Virgin Islands Legislature such control over this Court’s jurisdiction. Thus, we hold that the Appellate Division’s decision is not a “final decision” in the most common sense under 48 U.S.C. § 1613a(e), and therefore this Court does not have appellate jurisdiction in the normal sense.”
1 later decision quote this exact passage · from the majority“ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.”
1 later decision quote this exact passage · from the majority
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.