Technitrol, Inc. v. McManus’s Empirical Analysis

Citation profile

28 federal appellate · 1 district ·

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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I conclude that though I may have the independent power to review Judge Harrison’s determination in order to retransfer the case to California, I should not re-examine the question of venue which Judge Harrison decided under the particular circumstances of the case at bar. * * ..., I do not think it meet or proper that I review Judge Harrison’s decision on the merits. To do so would be a usurpation of an appellate function; and on at least one other occasion I have refused to so act. Though counsel for plaintiffs and defendant have addressed themselves both in their briefs and oral argument to the merits of Judge Harrison’s holding on the venue question, all of the contentions on the merits were before Judge Harrison. It is now for an appellate court— not for me — to correct any error, if error there be, in his opinion. It is not only the principle of comity and the fact that Judge Harrison’s opinion may be likened, at this stage, to the “law of the case” which compels me to this conclusion, but, what seems of most importance to me are considerations for the orderly functioning of the judicial process. If I should grant plaintiff’s motion and say, in effect, to Judge Harrison, “You were wrong in transferring this case to Delaware,” I do not think he, in turn, would be any more bound to take and try the case on the merits, thereby respecting my views, then I had shown myself to be in ignoring his considered judgment. If both Judge Harrison and I were obdurate in our positions,”

   1 later decision quote this exact passage
   e.g. 551 F. Supp. 390 - Hite v. Norwegian Caribbean Lines

2. “is more appropriate in the circuit in which the transferor court sits than in the circuit to which the case is transferred, the better practice, often codified in local rules, is routinely to stay grants of transfer for a sufficient period for appellate review to be sought”

   1 later decision quote this exact passage
   e.g. In re Nine Mile Ltd.

3. “we have grave doubt whether we have any right to review the validity of a transfer order made by a federal District Court outside the circuit”

   1 later decision quote this exact passage
   e.g. United States v. Copley