Hoffman v. Vulcan Materials Co.’s Empirical Analysis
1998
Citation profile
2 district ·
How this case has been cited
Cited by 11 later decisions — most recently September 2010
2 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. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1441 · 28 U.S.C. § 1446
Relies on Hunt v. Washington State Apple Advertising Commission · St Paul Mercury Indemnity Co v. Red Cab Co · Laird v. Tatum · Thomson v. Gaskill · Paul v. A. Levy & J. Zentner Co.
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he party seeking to invoke the jurisdiction of the federal courts has the burden of proving its existence by showing that it does not appear to a legal certainty that its claim is for less than the jurisdictional amount. 14A Charles Alan Wright, et al., Federal Practice and Procedure § 3702, at 19 (2d ed. 1985). Accordingly, in a removal case, the defendant, rather than the plaintiff, has the burden of proving that the jurisdictional requirements for removal are met.[ 2 ] Griffin v. Holmes, 843 F.Supp. 81 (E.D.N.C.1993) (citing Kirchner Gafford v. General Electric Co., 997 F.2d 150, 155 (6th Cir.1993)). For a removal, this means defendant must prove to a “legal certainty” that plaintiffs’ claim exceeds $75,000. St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 289 , 58 S.Ct. 586 , 82 L.Ed. 845 (1938); Burns v. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir.1994). However, a plaintiffs right to select the forum for its claim is stronger tha[n] a defendant’s right to remove. Therefore, any doubts about removal must be resolved in favor of remand. Griffin, 843 F.Supp. at 84 ; Burns, 31 F.3d at 1095 .”
1 later decision quote this exact passage“[O]ne panel of the Fourth Circuit, which included Judge Dobie, made the statement that "[i]l is well settled that the measure of jurisdiction in a suit for injunction is the value to plaintiff of the right which he seeks to protect.” Purcell v. Summers, 126 F.2d 390, 394 (4th Cir.), cert. denied, 317 U.S. 640 , 63 S.Ct. 32 , 87 L.Ed. 516 (1942). Of course, as recounted above, the state of the law in this area since 1942 has been anything but settled. More importantly, the statement in Purcell is not binding because it is dicta.”
1 later decision quote this exact passage
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.