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← 19 F.3d 337 - Frances v. Wright

Frances v. Wright’s Empirical Analysis

19 F.3d 337 · 1994

Citation profile

47
cited by 47 later decisions
1
cited 1 times by the Supreme Court
May 2008
most recently cited

27 federal appellate · 3 district ·

Relationships

Applies 28 U.S.C. § 1367 · 28 U.S.C. § 1441

Relies on Ex Parte: Edward T Young · Edelman v. Jordan · Pennhurst State School and Hospital v. Halderman · Will v. Michigan Department of State Police · Stone v. Powell

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

  1. “Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded.”
    2 later decisions quote this exact passage · from the majority
  2. “if even one claim in an action is jurisdictionally barred from the federal court by a state's sovereign immunity, or does not fit within the original or supplemental (see 28 U.S.C. § 1367) jurisdiction of the federal courts, then as a consequence of § 1441(a), the whole action cannot be removed to federal court.”
    2 later decisions quote this exact passage · from the majority
  3. “By the plain meaning of § 1441(a), an action that contains claims barred by sovereign immunity, cannot, in whole or in part, be removed from the state courts to a federal forum because it is not an action within the original jurisdiction of the district courts.”
    2 later decisions 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.