Ethington v. General Electric Co.’s Empirical Analysis
2008
Citation profile
1 district ·
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1441 · 28 U.S.C. § 1447
Relies on United States v. Ron Pair Enterprises, Inc. · Shamrock Oil & Gas Corp. v. Sheets · Dale Oney v. Darrell Ratliff Jungle Rags Inc Walt Disney Company Walt Disney Consumer Products Walt Disney World Company the Disney Store Inc · Menowitz v. Brown · Long v. Bando Manufacturing of America, 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The tactics employed by defendants such as in the instant case turn Congressional intent on its head by allowing defendants to employ gamesmanship, specifically by rushing to remove a newly filed state court case before the plaintiff can perfect service on anyone. Given that Congress intended the “properly joined and served” language to prevent litigant gamesmanship, “it would be especially absurd to interpret the same ‘joined and served’ requirement to actually condone a similar kind of gamesmanship from defendants” in instances such as the case at bar. [A] literal application of § 1441(b) would allow defendants to always avoid the imposition of the forum defendant rule as long as they are monitoring state dockets and avoiding service.”
16 later decisions quote this exact passage · from the majority“2008 FEB 19 PM 4:17” by the Central District of California clerk of court. (ECF No. 1, Defs.’ Notice of Removal, 1.) 4 . The Court also notes that the Medical Defendants are citizens of the forum in which the Geffens originally filed their Complaint. Title 28 U.S.C. § 1441 (b) prohibits removal if a properly joined and served defendant is a citizen of the state in which the suit was filed (the so-called”
1 later decision quote this exact passage · from the majority“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.”
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.