Brainin v. Melikian’s Empirical Analysis
396 F.2d 153 · 1968
Citation profile
9 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 18 later decisions — most recently November 2022
9 federal appellate · 1 district · 2 state decisions
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. § 1332 (Class Action Fairness Act of 2005)
Relies on Edwards v. Bates County · Brown v. Webster · Philadelphia, Baltimore, & Washington Railroad Company v. Southern Transportation Company · Fratto v. Northern Insurance Company of New York
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The endorser’s] contention fails to draw the distinction which the cases recognize, between interest imposed as a penalty for delay in payment, and interest exacted as the agreed upon price for the hire of money. The former is the ‘interest’ which is excluded in determining jurisdictional amount; the latter is rightly computed as part of the amount to which the claimant is entitled. The instant case involves the latter insofar as it claims interest at the rate specified in the note during the period before maturity. [[Image here]] The cases relied on by [the endorser] are inapposite ... inasmuch as they involved situations where the interest claimed was an incident arising solely by virtue of a delay in payment.... [T]he interest claimed in the instant case involves not a charge for delay in the payment of money, but ... interest exacted as the agreed upon price for the hire of money ... insofar as it claims interest at the rate specified in the note during the period before maturity. ... [The cases cited by the endorser] afford no nourishment to his position.... They held that the ‘interest’ there involved was includable in computing the jurisdictional amount on the theory that such interest was not merely incidental or ‘accessory1 to the principal amount demanded, but was an integral part of the aggregate amount of damages claimed ... , or was itself a ‘principal obligation’. Similarly, the interest claimed here for the period before the maturity of the note is also not in”
3 later decisions quote this exact passage · from the majority“Congress' purpose in excluding `interest' in determining the jurisdictional amount ... [in diversity cases was] to prevent the delaying of a suit merely to accumulate the necessary amount for federal jurisdiction”
2 later decisions quote this exact passage · from the majority“was an incident arising solely by virtue of a delay in payment”
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.