Gutierrez v. Fox’s Empirical Analysis
141 F.3d 425 · 1998
Citation profile
4 federal appellate · 1 district ·
How this case has been cited
Cited by 18 later decisions — most recently September 2017
4 federal appellate · 1 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
Relies on Lingle v. Norge Division of Magic Chef, Inc. · Tcherepnin v. Knight · Eastway Construction Corp. v. City of New York · Oliveri v. Thompson · Mitchell v. United States
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it misconceives the purpose of [the] hallowed [Desmare] presumption, which, unlike evidentiary presumptions, is premised not on probabilities or on which party has more ready access to pertinent information, but rather on a judicial policy determination that in ascertaining diversity jurisdiction in a highly mobile society there is a need to fix domicile with some reasonable certainty at the threshold of litigation.”
1 later decision quote this exact passage · from the majority“[a]s a corollary to this presumption, the person alleging a change of domicile [in connection with ascertaining diversity] has the burden of proving it.”
1 later decision quote this exact passage · from the majority“affirmative duty on each attorney to conduct a reasonable inquiry into the viability of a pleading before it is signed.”
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.