O. M. Greene Livestock Co. v. Azalea Meats, Inc.’s Empirical Analysis
516 F.2d 509 · 1975
Citation profile
4 federal appellate · 1 district ·
How this case has been cited
Cited by 16 later decisions — most recently April 2012
4 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
Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Lumbermen's Mutual Casualty Co. v. Elbert · Hernandez v. Travelers Insurance · Williams v. Liberty Mutual Insurance
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business”
2 later decisions quote this exact passage · from the majority“This amendment [§ 1332(c) ] was passed to remedy the congestion in the district courts arguably caused by Louisiana’s and Wisconsin’s Direct Action Statutes, which allow suits directly against an insurer without joining the insured as a party defendant. See Lumbermen’s Mutual Casualty Co. v. Elbert, 1954, 348 U.S. 48 , 75 S.Ct. 151 , 99 L.Ed. 59 ; Wechstein, The 1964 Diversity Amendment: Congressional Indirect Action Against State “Direct Action” Laws, 1965 Wis.L.Rev. 268. This Court has given the statute the broad interpretation it deserves in light of the harm Congress sought to remedy. See Hernandez v. Travelers Ins. Co., 489 F.2d 721 (5th Cir.1974); Williams v. Liberty Mut. Ins. Co., 468 F.2d 1207 (5th Cir.1972). Georgia does not have a Direct Action Statute. Nonetheless, the plaintiff converted his action into a direct action by voluntarily dismissing the Commissioner from the case as a defendant. Section 1332(c) does not require the direct action to be brought under a statute. This case is clearly a “direct action against the insurer ... to which action the insured is not joined as a party defendant”, and therefore the insurer is “deemed a citizen of the State of which the insured is a citizen ... Were it otherwise, the purpose of the 1964 amendment would be defeated by the simple expedient of the suing a non-diverse tort-fea-sor, joining a diverse insurance company, then immediately dropping the tort-feasor out of the case.”
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.