Ali v. Ramsdell’s Empirical Analysis
423 F.3d 810 · 2005
Citation profile
3 federal appellate · 3 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 1367 · 28 U.S.C. § 1441 · 28 U.S.C. § 1443 · 28 U.S.C. § 1447
Relies on Bell v. Hood · Hudson v. Palmer · Carnegie-Mellon University v. Cohill · Thermtron Products, Inc. v. Hermansdorfer · Oneida Indian Nation of New York State v. County of Oneida New 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Defendants removed the case because Ali’s complaint included federal § 1983 claims within the district court’s original jurisdiction. The district court acquired supplemental jurisdiction over Ali’s state law claims. Assuming for the moment that the § 1983 claims were defective, our appellate jurisdiction to review the remand order turns on the nature of the defect. If the defect caused the district court to “lack subject matter jurisdiction,” then 28 U.S.C. § 1447 (c) required the court to remand the case to state court, and its remand order “is not reviewable on appeal or otherwise.” On the other hand, if the § 1983 claims were dismissed on the merits, then the district court had discretion to remand the pendent state law claims.”
1 later decision quote this exact passagee.g. Hardy v. GMRI, Inc.“Whether the complaint states a cause of action on which relief could be granted is a question of law and just as issues of fact it must be decided after and not before the court has assumed jurisdiction over the controversy. If the court does later exercise its jurisdiction to determine that the allegations in the com plaint do not state a ground for relief, then dismissal of the case would be on the merits, not for want of jurisdiction. The previously carved out exceptions are ... where the alleged claim ... clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction or where such a claim is wholly insubstantial or frivolous.”
1 later decision quote this exact passage · from the concurrencee.g. Hardy v. GMRI, Inc.“considerable doubt whether an allegation that property appropriately seized in executing a valid search warrant but not inventoried and stored in the manner required by state law even states a claim under the Fourth Amendment.” Id. at 814. Rather, the court determined that the plaintiffs Fourth Amendment claim was properly dismissed because it was”
1 later decision quote this exact passage · from the concurrence
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.