Corbi v. United States’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 1 state decisions

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

1. ““(2) It has been long since decided that under Rule 14(a) Fed.R.Civ.P. jurisdictional facts must exist between the plaintiff and a third party defendant before plaintiff is permitted by .way of amendment to add the third party defendant as a party defendant. See McPherson v. Hoffman, 275 F.2d 466 (6th Cir. 1960); Patton v. Baltimore & O. R. Co., 197 F.2d 732, 743 (3d Cir. 1952); Gladden v. Stockard S.S. Co., 184 F.2d 510 (3d Cir. 1950); Sheppard v. Atlantic States Gas Co., 167 F.2d 841, 845 (3d Cir. 1948); Friend v. Middle Atlantic Transp. Co., 153 F.2d 778 (2d Cir. 1946); Osthaus v. Button, 70 F.2d 392 (3d Cir. 1934); Palumbo v. Western Maryland Railway Company, 271 F.Supp. 361 (D.Md. 1967); Armstrong v. United States, 171 F.Supp. 835 , 840 f.n. 4 (E.D.Pa. 1959) ; McDonald v. Dykes, 6 F.R.D. 569 (E.D.Pa. 1947); aff’d per curiam 163 F.2d 828 (3d Cir. 1947); 3 Moore’s Federal Practice 14.27(1). None of these cases so much as mentions pendent jurisdiction. The principles of the rule that once jurisdiction attaches, a federal court retains jurisdiction, are not applicable.” “I relied on some of these decisions in Pasternack v. Dalo, 17 F.R.D. 420, 425 (W.D.Pa. 1955) in declaring that if the plaintiffs and third party defendants were citizens of the same state the district court “would lack jurisdiction to render a binding judgment in favor of the plaintiffs against the third-party defendants.” “As stated in 37 A.L.R.2d, at page 1430, Sec. 9: ‘The courts have held, with almost co”

   3 later decisions quote this exact passage · from the majority
   e.g. SINTON SAVINGS ASSOCIATION v. Ellis · Joseph v. Chrysler Corp.

2. ““ . . . Moreover, in any case where the plaintiff could not have joined the third party originally because of jurisdictional limitations such as lack of diversity of citizenship, the majority view is that any attempt by the plaintiff to amend his complaint and assert a claim against the impleaded third party would be unavailing. ...””

   1 later decision quote this exact passage · from the majority
   e.g. SINTON SAVINGS ASSOCIATION v. Ellis