Lamberg v. Callahan’s Empirical Analysis
455 F.2d 1213 · 1972
Citation profile
19 federal appellate · 2 district · 5 state decisions
How this case has been cited
Cited by 51 later decisions — most recently February 2018 · most notably McKibben v. Chubb (1988), Rice v. Rice Foundation (1979)
19 federal appellate · 2 district · 5 state decisions
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. § 1332 (Class Action Fairness Act of 2005)
Relies on Markham v. Allen · Waterman v. Canal-Louisiana Bank & Trust Co. · Case of Broderick's Will · Sutton v. English · 9 E.H. Smith 555 - Edson v. . Parsons
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The standard for determining whether federal jurisdiction may be exercised is whether under state law the dispute would be cognizable only by the probate court. If so, the parties will be relegated to that court; but where the suit merely seeks to enforce a claim inter partes, enforceable in a state court of general jurisdiction, federal diversity jurisdiction will be assumed.”
9 later decisions quote this exact passage · from the majority“have jurisdiction to entertain suits 'in favor of creditors, legatees and heirs' and other claimants ... so long as the federal court does not interfere with the probate proceedings or assume general jurisdiction of the probate or control of the property in the custody of the state court.”
3 later decisions quote this exact passage · from the majority“the serious and far-reaching consequences of such an agreement, which may have the effect of preventing the surviving spouse from altering his or her estate plan to suit intervening changes in circumstances ... that may render provisions of the contractual wills inappropriate or unfair, so much so that the deceased spouse, had he or she lived, would have desired or sanctioned appropriate changes in the testamentary provisions.”
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.