Miller v. Perry’s Empirical Analysis
456 F.2d 63 · 1972
Citation profile
26 federal appellate · 1 district ·
How this case has been cited
Cited by 47 later decisions — most recently July 2012 · most notably Field v. Volkswagenwerk AG (1980), Carlsberg Resources Corp. v. Cambria Savings & Loan Ass'n (1977)
26 federal appellate · 1 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. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1359
Relies on Mecom v. Fitzsimmons Drilling Co. · Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co. · Kramer v. Caribbean Mills, Inc. · Railway Company v. Whitton's Administrator · Williamson v. Gilmer
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[.Mecom ] rested on the twin pillars of the earlier views that looking behind the appointment of an administrator to the reality was somehow a collateral attack on the order of appointment, and that inquiry into motive was impermissible .... Neither view can survive Kramer . If inquiry into the facts surrounding the appointment constitutes a collateral attack on the order making the appointment, that is the end of the matter, and there was no point in holding the question open in Kramer . If inquiry into motive is impermissible, the decision in Kramer should have gone the other way, since all that appeared on the surface was an assignment valid under state law. We are obliged to read Kramer as injecting a new note of realism into the determination of diversity jurisdiction.”
7 later decisions quote this exact passage“Mecom, however, did not decide that the citizenship of the personal representative in wrongful death actions was constitutionally or inflexibly the criterion for ultimate determination of diversity. Its assumption was that the personal representative was clothed with such responsibilities and authority that he, under federal standards, was the real party in interest. That assumption has been greatly undermined by the recent recognition in Kramer v. Caribbean Mills, 394 U.S. 823 , 89 S.Ct. 1487 , 23 L.Ed.2d 9 , that the duties and responsibilities of administrators should be taken into account in federal determinations of the relevancy of the citizenship of such a personal representative to the presence of diversity jurisdiction. Kramer’s recognition of a need to re-examine Mecom, and the relevance of the roles of administrators, frees us from a blind invocation of Mecom’s result.”
1 later decision quote this exact passage“We conclude, therefore, that in determining the presence of diversity of citizenship when state law requires that the action be prosecuted in the name of a resident administrator, the citizenship of the beneficiaries, rather than that of the administrator, is relevant, and that such diversity is present here.”
1 later decision quote this exact passage
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.