Hammer v. Scott’s Empirical Analysis
2005
Citation profile
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 28 U.S.C. § 1447 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Mints v. Educational Testing Service · Balazik · United States v. Tabor Court Realty Corp. · Roxbury Condominium Association, Inc. v. Anthony S. Cupo Agency Stephen Subick, Third-Party Plaintiffs/defendants v. Selective Insurance Company Third-Party Selective Insurance Company
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On the record before us, we find no abuse of discretion in the District Court's decision. It is well-established that removal, subject to only a few exceptions, requires unanimity among the defendants. See Balazik v. County of Dauphin, 44 F.3d 209, 213 (3d Cir.1995). In this case, the Defendant Borough of Cressona filed a notice of removal along with two “Certificate [sic] of Concurrence” certifying that the other two Defendants-Charles C. Scott in his capacity as representative of the Estate of Anna R. Scott, and the Township of North Man-heim, Schuylkill County, Pennsylvania-concurred in the removal. Agreeing with the report of the magistrate, the District Court found the expression of the Defendants’ unanimous consent to be lacking to the extent that the Borough of Cressona was seeking to represent to the court that the other Defendants concurred in the removal. E.g., Carter v. Ingersoll-Rand Co., Inc., 2001 WL 238540 at (E.D.Pa. Mar. 12, 2001) (“Courts consistently have required each defendant to express its position to the court directly, and have held that- one defendant’s allegation that another defendant joins in removal is insufficient.”). Accordingly, although the filing of the notice of removal was reasonable given the existence of certain federal claims, the method and manner of removal was found to be defective. In such circumstances, Plaintiffs were required to file motions seeking remand before both the magistrate judge and Dis-nte Court, thereby incurring expe”
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.