In re Hot-Hed Inc.’s Empirical Analysis
477 F.3d 320 · 2007
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 30 later decisions — most recently October 2020 · most notably Gutierrez v. Flores (2008), Bernhard v. Whitney National Bank (2008)
6 federal appellate ·
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. § 1441 · 28 U.S.C. § 1651
Relies on Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California · Schlagenhauf v. Holder · Carpenter v. Wichita Falls Independent School District · Medina v. Ramsey Steel Co. · Vitarroz Corporation v. Borden Inc
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded. (b) Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties. Any other such action shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.”
3 later decisions quote this exact passage · from the majority“a boiler-plate request for attorneys’ fees “as allowed by law” is insufficient to confer subject-matter jurisdiction on the federal courts. We agree with the Ninth Circuit’s holding in Carter v. Health Net of California, Inc.[, 374 F.3d 830 , 834 (9th Cir.2004),] that “[a] request for attorney’s fees cannot be a basis for federal jurisdiction.” A contrary holding would allow the proverbial tail to wag the dog.”
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.