403 F. Supp. 2d 897 - Comes v. Microsoft Corp.’s Empirical Analysis
2005
Citation profile
4 federal appellate ·
Relationships
Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1441 · 28 U.S.C. § 1446
Relies on Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. Thompson · Grable & Sons Metal Products Inc. Darue Engineering & Mfg. · Pullman Co. v. Jenkins · In re Business Men's Assurance Co. of America · Hurt v. Dow Chemical Co.
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.
“As is demonstrated here, by removing the case before the state court had accepted the petition and also requesting an extension of time in which to resist the amended petition, Microsoft has created a situation where for purposes of the motion to remand the pleadings must be considered at the time of removal, but at the present time, plaintiffs have modified their complaint so as to remove all content that allegedly provides federal question jurisdiction. In Webster , the Court placed heavy emphasis on the fact that remand was the judicially economical outcome. Here, however, that is not the case. Rather, even if this Court were to assume a federal question existed in the Proposed Fourth Amended Complaint, application of the minority rule results in a federal case without a federal question. Thus, although this Court gives Microsoft the benefit of the rule established in Webster in this instance, future litigants and the Court would be better served by waiting until state courts allow amended pleadings before instituting removal actions.”
1 later decision quote this exact passage“If Congress had intended the CAFA to apply to currently pending cases that were amended after the enactment of the CAFA, it could have explicitly done so.”
1 later decision quote this exact passage“[a] civil action, viewed as the whole case, the whole proceeding, can only be commenced once,”
1 later decision quote this exact passage
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.