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← 47 F. Supp. 2d 848 - McCane v. McCane

47 F. Supp. 2d 848 - McCane v. McCane’s Empirical Analysis

1999

Citation profile

2
cited by 2 later decisions
July 2003
most recently cited

Relationships

Applies 28 U.S.C. § 1441 · 28 U.S.C. § 1446 · 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974)

Relies on Shamrock Oil & Gas Corp. v. Sheets · Healy Nh v. Ratta · Chicago Ri Pr Co v. Stude · Cromwell v. Equicor-Equitable HCA Corp. · Warner v. Ford Motor Co.

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[T]he motion to enforce the amended judgment of divorce [which purported to extinguish an ex-spouse’s right to pension benefits] is clearly a proceeding that is merely supplemental to the original divorce action. Defendant’s motion seeks no additional relief other than enforcement of the existing judgment. Under those circumstances, the motion to enforce the amended judgment of divorce does not qualify as a separate “civil action” that would be removable pursuant to § 1441(a).”
    1 later decision quote this exact passage · from the majority
  2. “[t]he term “civil action” under § 1441 does not embrace proceedings that are merely supplemental, ancillary, or incidental to another action, and such proceedings are not removable to federal court.”
    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.