Hyde v. Carder’s Empirical Analysis
1970
Citation profile
2 federal appellate · 1 district ·
How this case has been cited
Cited by 12 later decisions — most recently March 1993
2 federal appellate · 1 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. § 1441 · 28 U.S.C. § 1447
Relies on American Fire & Casualty Co. v. Finn · Snow v. Powell · 279 F. Supp. 803 - Wayrynen Funeral Home, Inc. v. JG Link & Company · 298 F. Supp. 234 - Coleman v. a & D MACHINERY CO. · 78 F. Supp. 540 - Brown v. Hecht 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[2-4] A separable controversy is one which is a part of the entire controversy, yet by its nature can be severed from the whole; it is, at the outset, an integral part of the whole, but capable of being segregated from it. See Brown v. Hecht Co., D.C., 78 F.Supp. 540, 544 (1947). The words ‘controversy * * * wholly between citizens of different states’ (understood to mean separable controversy) were replaced by ‘separate and independent claim’ in the current statute. A separate and independent claim would appear to be one which is not originally a part of the whole. The distinction between separate and separable is indeed nebulous, but the intent of Congress is clear. The purpose of 28 U.S.C.A. 1441(c) is to restrict the right to remove, and to make the question of removability readily determinable. American Fire & Cas. Co. v. Finn, 341 U.S. 6 , 71 S.Ct. 534 , 95 L.Ed. 702 (1951). ‘Separate’ is defined as ‘distinct; apart from; not united or associated’ while ‘independent’ is said to mean ‘not resting on something else for support * * * not contingent or conditioned’. See Snow v. Powell, 189 F.2d 172 (10 Cir., 1951).””
1 later decision quote this exact passage · from the majority“Whenever a separate and independent claim or cause of action, which would be removable if sued upon alone, is joined with one or more otherwise non-removable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters not otherwise within its original jurisdiction.”
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.