Juana Martin’s Empirical Analysis

Citation profile

57 district ·

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

1. “Kmart's economic analysis of Laughlin's claims for damages prepared after the motion for removal and purporting to demonstrate the jurisdictional minimum does not establish the existence of jurisdiction at the time the motion was made.”

   5 later decisions quote this exact passage
   e.g. Hernandez v. Chevron U.S.A., Inc. · Federal National Mortgage Ass'n v. Milasinovich

2. “[T]he “paradigm cases” allowing aggregation of claims “are those which involve a single indivisible res, such as an estate, a piece of property (the classic example), or an insurance policy. These are matters that cannot be adjudicated without implicating the rights of everyone involved with the res.” The court pointed out that even though a class claim for punitive damages may create a single pool of recovery, “a common interest in a pool of funds is not the type of interest that permits aggregation of claims under the ‘common fund’ doctrine.” Each class member could sue separately for punitive damages and have his right to recovery determined without implicating the rights of every other person claiming such damages. Because a class member’s right to punitive damages is separate, distinct, and independent from those of other class members, the class claim for such damages does not seek to enforce a single right in which the class has a common and undivided interest. Punitive damages therefore-may not be aggregated in a class action and attributed in total to each member of the class.”

   3 later decisions quote this exact passage
   e.g. Harris v. Physicians Mutual Insurance · 166 F. Supp. 2d 552 - Bowers v. Jefferson Pilot Financial Insurance

3. “the requisite amount in controversy ... must be affirmatively established on the face of either the petition or the removal notice”

   2 later decisions quote this exact passage
   e.g. Dart Cherokee Basin Operating Co. v. Owens · Dart Cherokee Basin Operating Co. v. Owens