Werner v. KPMG LLP’s Empirical Analysis
2006
Citation profile
5 federal appellate · 2 district · 3 state decisions
Relationships
Applies 28 U.S.C. § 1446 · 28 U.S.C. § 1447 · 28 U.S.C. § 1453 (§ 5 of the Class Action Fairness Act of 2005)
Relies on Amchem Products, Inc. v. Windsor · Newman-Green, Inc. v. Alfonzo-Larrain · Schiavone v. Fortune · Mayle v. Felix · Wood v. Worachek
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading....”
2 later decisions quote this exact passage · from the majority“The rule that the proponent of federal jurisdiction bears the risk of non-persuasion has been around for a long time. To change such a rule, Congress must enact a statute [to that effect], A declaration by 13 Senators will not serve.”
1 later decision quote this exact passage · from the majority“most courts examining post-CAFA pleading amendments in a suit pending pre-CAFA recognize that such amendments can commence a `new' lawsuit and create federal removal jurisdiction.”
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.