397 F. Supp. 2d 602 - Lafferty v. St. Riel’s Empirical Analysis
2005
Citation profile
1 federal appellate ·
Relationships
Applies 28 U.S.C. § 1367 · 28 U.S.C. § 1391 · 28 U.S.C. § 1404 · 28 U.S.C. § 1406 · 28 U.S.C. § 2072
Relies on Erie Co v. Tompkins · Klaxon Co. v. Stentor Electric Manufacturing Co. · Hanna v. Plumer · Van Dusen v. Barrack · Guaranty Trust Co. v. 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We acknowledge that one of the salutary purposes of § 1406(a) is to permit a transfer to overcome the bar of the statute of limitations that might otherwise result if an action is dismissed by a federal court for improper venue or lack of personal jurisdiction. Goldlawr, 369 U.S.[463] at 463[ 82 S.Ct. 913 , 8 L.Ed.2d 39 (1962)]. It clearly serves this intended purpose where federal questions are involved. It also does so in diversity cases when the statute of limitations of the state in which the transferee court sits has not expired or the transferee state has an appropriate savings provision in its law. Nonetheless, unlike a transfer under § 1404(a), a transfer under § 1406(a) is not merely a change in courtrooms where the action can be properly filed and tried in either place.... We see no reason why § 1406(a) should not be characterized as [“a housekeeping measure,” as was § 1404(a) by the Supreme Court], but it does not follow that Erie requires the application of the law of the transferor court when it is the wrong, as opposed to an inconvenient, forum. Indeed, in our view, Erie requires the opposite, that is, that when a transfer occurs pursuant to § 1406(a) the law of the transferee forum should be applied.”
1 later decision quote this exact passage · from the majoritye.g. Lafferty v. St. Riel“1. 28 U.S.C. § 1404 (a): Venue: Change of venue (a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought. 2. 28 U.S.C. § 1406 (a): Venue: Cure or waiver of defects (a) The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.”
1 later decision quote this exact passage · from the majoritye.g. Lafferty v. St. Riel
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.