Miller v. Lambeth’s Empirical Analysis
443 F.3d 757 · 2006
Citation profile
1 federal appellate · 4 district ·
Relationships
Applies 28 U.S.C. § 1443 · 28 U.S.C. § 1446 · 28 U.S.C. § 1447
Relies on Shamrock Oil & Gas Corp. v. Sheets · Quackenbush California Insurance Commissioner v. Allstate Insurance Co · Thermtron Products, Inc. v. Hermansdorfer · City of Greenwood v. Peacock · Things Remembered, Inc. v. Petrarca
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State may thereupon proceed with such case.”
4 later decisions quote this exact passage · from the majority“Thus, under the above statutory regime, we have jurisdiction to review a remand order only if (1) the remand was for a reason other than lack of subject matter jurisdiction or a defect in the removal procedure or (2) the ‘except’ clause of § 1447(d) gives us jurisdiction because the case was removed under 28 U.S.C. § 1443 (governing certain civil rights cases).”
1 later decision quote this exact passage · from the majority“[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1442 1 or 1443 of [Title 28] shall be reviewable by appeal or otherwise.”
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.