361 F. Supp. 125 - Green & White Construction Co. v. Cormat Construction Co.’s Empirical Analysis
1973
Citation profile
12 federal appellate · 3 district ·
How this case has been cited
Cited by 22 later decisions — most recently June 2015
12 federal appellate · 3 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. § 1359
Relies on Kramer v. Caribbean Mills, Inc. · Miller Lux Incorporated v. East Side Canal & Irrigation Company · 32 Ill. 2d 40 - Roth v. Northern Assurance Co. Ltd. · The Babcock & Wilcox Company v. Parsons Corporation v. Insurance Company of North America · J. F. Pritchard & Co. v. Dow Chemical of Canada Ltd.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Corporate formalities should yield to realistic analysis, and it is obvious that when a wholly-owned subsidiary assigns a claim to its parent, just as in the reverse situation, the same set of - stockholders running both corporate forms can transfer title to that claim freely between them. In each case the transferor, whether it is the parent or the subsidiary, realistically retains a substantial pecuniary interest in and power over the outcome of litigation which it assigns to the other. The rationale of Miller & Lux [ 211 U.S. 293 , 29 S.Ct. 111 , 53 L.Ed. 189 (1908)] prohibits such a transfer if made for the purpose of obtaining federal jurisdiction, regardless of whether it is made in the first instance by the parent or the subsidiary. While it is conceivable that a subsidiary could prove that an assignment was made to ' its parent, or vice versa, for legitimate commercial reasons independent of the desire to litigate in a federal court, it must bear a heavy burden of proof since the close relationship between parent and subsidiary necessarily presents opportunities for the collusive manufacture of such reasons.” 361 F.Supp. at 128 .”
2 later decisions quote this exact passage · from the majority“when a wholly-owned subsidiary assigns a claim to its parent, just as in the reverse situation, the same set of stockholders running both corporate forms can transfer title to that claim freely between them. In each case the transferor, whether it is the parent or the subsidiary, realistically retains a substantial pecuniary interest in the outcome of the litigation which it assigns to the other.”
1 later decision quote this exact passage · from the majority““A district court shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such court.””
1 later decision quote this exact passage · from the majoritye.g. Fowler v. Coals
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.