Gutierrez v. Flores’s Empirical Analysis
543 F.3d 248 · 2008
Citation profile
4 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 48 later decisions — most recently February 2024 · most notably Elam v. Kansas City Southern Railway Co. (2011), Halmekangas v. State Farm Fire & Casualty Co. (2010)
4 federal appellate · 1 district · 2 state decisions
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. § 1331 · 28 U.S.C. § 1441 · 29 U.S.C. § 402 · 5 U.S.C. § 2302 · 5 U.S.C. § 7101 · 5 U.S.C. § 7103 · 5 U.S.C. § 7114 · 5 U.S.C. § 7116
Relies on Bush v. Lucas · Lindahl v. Office of Personnel Management · Karahalios v. National Federation of Federal Employees, Local 1263 · Beneficial National Bank v. Anderson · Twyman v. Twyman
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the statute contains a civil enforcement provision that creates a cause of action that both replaces and protects the analogous area of state law; (2) there is a specific jurisdictional grant to the federal courts for enforcement of that right; and (3) there is a clear Con gressional intent that claims brought under the federal law be removable.”
2 later decisions quote this exact passage · from the majority“[b]ecause removal raises significant federalism concerns, the removal statute is strictly construed and any doubt as to the propriety of removal should be resolved in favor of remand.”
2 later decisions quote this exact passage · from the majority“'[G]enerally, there is no federal jurisdiction if the plaintiff properly pleads only a state law cause of action.'”
2 later decisions 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.