310 F. Supp. 254 - Farrell v. Ducharme’s Empirical Analysis

Citation profile

2 federal appellate ·

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. ““The [Supreme Court in Kramer v. Caribbean Mills, Inc., 394 U.S. 823 , 89 S.Ct. 1487 , 23 L.Ed.2d 9 (1969)] suggests that actual purpose or motive is the final test and should be subject to close scrutiny when, but only when, the functional nature of the assignment lends itself to the manufacturing of jurisdiction by allowing the legal assignor to retain the major interest in the lawsuit. * * * Theoretically, at least, the test for identifying collusive assignments under Kramer appears to be two pronged. First: Is the assignment of a transactional type which places nominal plaintiffs in a position to assert the real interest of another? This standard is objective and functional. Second: Was the use of this type of transaction actually motivated by or designed to acquire diversity jurisdiction? Subjective purpose and motive is the inquiry here.” 4”

   1 later decision quote this exact passage · from the majority
   e.g. J. F. Pritchard & Co. v. Dow Chemical of Canada Ltd.