Taylor v. Love’s Empirical Analysis
415 F.2d 1118 · 1969
Citation profile
24 federal appellate · 6 district ·
How this case has been cited
Cited by 57 later decisions — most recently December 2011 · most notably Corke v. Sameiet M. S. Song (1978), Martin v. Stokes (1980)
24 federal appellate · 6 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. § 1406
Relies on Goldlawr, Inc. v. Heiman · Dubin v. United States · Mayo Clinic v. Kaiser · Skilling v. Funk Aircraft Company
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he statute does not refer to “wrong” venue, but rather to venue laid in a “wrong division or district.” We con-elude that a district is “wrong” within the meaning of § 1406 whenever there exists an “obstacle [to] * * * an expeditious and orderly adjudication” on the merits. Inability to perfect service of process on a defendant in an otherwise correct venue is such an obstacle.”
6 later decisions quote this exact passage · from the majority““Section 1406(a), under which the Pennsylvania District Court transferred this case, provides: ‘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.’ Nothing in that language indicates that the operation of the section was intended to be limited to actions in which the transferring court has personal jurisdiction over the defendants. And we cannot agree that such a restrictive interpretation can be supported by its legislative history — either that relied upon by the Court of Appeals or any other that has been brought to our attention. The problem which gave rise to the enactment of the section was that of avoiding the injustice which had often resulted to plaintiffs from dismissal of their actions merely because they had made an erroneous guess with regard to the existence of some elusive fact of the kind upon which venue provisions often turn. Indeed, this case is itself a typical example of the problem sought to be avoided, for dismissal here would have resulted in plaintiff’s losing a substantial part of its cause of action under the statute of limitations merely because it made a mistake in thinking that the respondent corporations could be ‘found’ or that they ‘transact . . . business’ in the Eastern District of Pennsylvania. The language and history of § 1406(a), both as originally”
3 later decisions quote this exact passage · from the majority“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.”
3 later decisions 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.