Preston v. Tenet Healthsystem Memorial Medical Center, Inc.’s Empirical Analysis

Citation profile

14 federal appellate · 4 district ·

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

1. “(A)(i) over a class action in which— (I) greater than two-thirds of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed; (II) at least 1 defendant is a defendant— (aa) from whom significant relief is sought by members of the plaintiff class; (bb) whose alleged conduct forms a significant basis for the claims asserted by the proposed plaintiff class; and (cc) who is a citizen of the State in which the action was originally filed; and (III) principal injuries resulting from the alleged conduct or any related conduct of each defendant were incurred in the State in which the action was originally filed; and (ii) during the 3-year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons ....”

   5 later decisions quote this exact passage · from the majority
   e.g. Hollinger v. Home State Mutual Insurance · Williams v. Homeland Insurance

2. “The law of continuing domicile gains special significance in light of the natural disaster forming the basis of this appeal. We agree with the notion that the damage and destruction wrought by Hurricane Katrina warrants the court’s interpretation of common-sense as part of the calculus in determining the citizenship of the class members. While cognizant that the patient addresses provided by [defendant] do not definitively reflect the patients’ domicile at the time of filing suit, as required under traditional diversity standards, we also consider the common genesis of the historically unprecedented exodus from New Orleans in our assessment of the citizenship issue. In light of the vast post-Katrina diaspora and the undisput-ably slow revitalization in part of New Orleans, it is unreasonable to demand precise empirical evidence of citizenship in a class action lawsuit filed less than sixty days after the hurricane and related flooding. Many Hurricane Katrina victims may intend to return home yet are still dispersed throughout Louisiana and other states for reasons beyond their control.”

   1 later decision quote this exact passage · from the majority
   e.g. Martin v. Lafon Nursing Facility of the Holy Family, Inc.

3. “[I]t is elementary that, to effect a change of one’s legal domicile, two things are indispensable: First, residence in the new locality; and second, the intention to remain there. The change cannot be made, except facto et animo. Both are alike necessary. Either without the other is insufficient. Mere absence from a fixed home, however long continued, cannot work the change. There must be animus to change the prior domicile for another. Until the new one is acquired, the old one remains.... When challenged as here, the burden rested on him [the pláintiff] to show by a preponderance of the evidence that he was a citizen of that State.”

   1 later decision quote this exact passage · from the majority
   e.g. Martin v. Lafon Nursing Facility of the Holy Family, Inc.