Firestone Financial Corp. v. Syal’s Empirical Analysis
2004
Citation profile
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1447
Relies on Caterpillar Inc. v. Williams · Shamrock Oil & Gas Corp. v. Sheets · Gafford v. General Electric Co. · Klepper v. First American Bank · Thomas Coyne Jr and Timothy Hagan on Behalf of the State of Ohio and All Ohio Taxpayers v. The American Tobacco Company
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While district courts have taken different approaches with respect to compulsory counterclaims, the majority of courts have held that a federal court should not consider the value of a defendant’s compulsory counterclaim in determining the amount in controversy for removal jurisdiction. See e.g. FLEXcon Co. v. Ramirez Commercial Arts, Inc., 190 F.Supp.2d 185, 186-87 (D.Mass. 2002); Maloan v. Bancorpsouth Bank, Inc., 2002 WL 1397266 , at (D.Tenn. March 29, 2002); Kaplan v. Computer Sciences Corp., 148 F.Supp.2d 318, 320-21 (D.N.Y.2001); Independent Mach. Co. v. International Tray Pads & Packaging, Inc., 991 F.Supp. 687, 691-93 (D.N.J.1998); 14B Wright & Miller, Federal Practice and Procedure §§ 3706 and 3725. The Court finds the reasoning expressed in those cases ... to be persuasive. While the Sixth Circuit has not directly addressed this issue, it has referred approvingly to the traditional rule that “ ‘no part of the required jurisdictional amount can be met by considering a defendant’s counterclaim’ to satisfy the amount in controversy requirement for removal jurisdiction purposes.. ” Sanford v. Gardenour, 2000 WL 1033025 , at (6th Cir. July 17, 2000). The Sixth Circuit has also consistently held that the amount in controversy for federal diversity jurisdiction purposes is determined as of the time the action is commenced. Klepper v. First American Bank, 916 F.2d 337, 340 (6th Cir.1990); Sellers v. O’Connell, 701 F.2d 575, 578 (6th Cir.1983); Worthams v. Atlanta Life Ins. ”
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.