Moser v. Pollin’s Empirical Analysis

294 F.3d 335 · 2002

Citation profile

cited by 35 later decisions

September 2018

most recently cited

7 federal appellate · 4 district ·

Relationships

Relies on Markham v. Allen · Makarova v. United States · Ryan v. New York Telephone Co. · Dragan v. Miller · Juan Ramon Sol v. Immigration and Naturalization Service

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

“since few practitioners would be so misdirected as to seek, for example, letters testamentary or letters of administration from a federal judge,”
8 later decisions quote this exact passage · from the majority
e.g. Goncalves ex rel. Goncalves v. Rady Children's Hospital San Diego · Wilmington Trust, Nat'l Ass'n v. Estate of McClendon
“it is in substance nothing more than a thinly veiled will contest.”
2 later decisions quote this exact passage · from the majority
e.g. In Re: Vickie Lynn Marshall, Debtor. E. Pierce Marshall, Plaintiff-Counter-Defendant/appellant-Cross-Appellee v. Vickie Lynn Marshall, Defendant-Counter-Claimant/appellee-Cross-Appellant · In Re: Vickie Lynn Marshall
“It is true that a federal court has no jurisdiction to probate a will or administer an estate, the reason being that the equity jurisdiction conferred by the Judiciary Act of 1789, 1 Stat. 73 , and s 24(1) of the Judicial Code, which is that of the English Court of Chancery in 1789, did not extend to probate matters. But it has been established by a long series of decisions of this Court that federal courts of equity have jurisdiction to entertain suits ‘in favor of creditors, legatees and heris’ [sic] and other claimants against a decedent’s estate ‘to establish their claims’ so long as the federal court does not interfere with the probate proceedings or assume general jurisdiction of the probate or control of the property in the custody of the state court.”
1 later decision quote this exact passage · from the majority
e.g. Morrison Supply Co. v. Dalton (In Re Dalton)

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.