Behimer v. Sullivan’s Empirical Analysis
261 F.2d 467 · 1958
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 16 later decisions (1 by the Supreme Court) — most recently May 2010
6 federal appellate ·
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 Olberding v. Illinois Central Railroad · Blaski v. Hoffman
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If when a suit is commenced, plaintiff has a right to sue in that district, independently of the wishes of defendants, it is a district “where it might have been brought.” If he does not have that right, independently of the wishes of defendant, it is not a district “where it might have been brought,” and it is immaterial that the defendant subsequently acquiesces. The test is, did the plaintiff have an independent right to commence the suit in the district to which it is sought to make transfer? If so, it is a district “where it might have been brought”; otherwise, it is not such a district.”
1 later decision quote this exact passage · from the majority““For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.””
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.