633 F. Supp. 450 - Graef v. Graef’s Empirical Analysis

Citation profile

2 district · 1 state decisions

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

1. “"[elxcept 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____” Additionally, Title 28 U.S.C. § 1441 (b) states that, "[a]ny 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 removal without regard to the citizenship or residence of the parties____””

   1 later decision quote this exact passage · from the majority
   e.g. 864 F. Supp. 1 - Lewis v. Blackmon

2. “It is true that state law fashions its garnishment proceeding, and a federal court should accordingly recognize this is determining the nature of the proceeding that the state has created. But the state characterization of the proceeding as ancillary or independent should not be controlling upon the federal court for the purpose of determining whether or not the proceeding is sufficiently an independent one for purposes of removal.”

   1 later decision quote this exact passage · from the majority
   e.g. 864 F. Supp. 1 - Lewis v. Blackmon