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← 647 F.3d 274 - USPPS, Ltd. v. Avery Dennison Corp.

USPPS, Ltd. v. Avery Dennison Corp.’s Empirical Analysis

647 F.3d 274 · 2011

Citation profile

16
cited by 16 later decisions
2
states following
June 2023
most recently cited

7 federal appellate · 3 state decisions

Relationships

Applies 28 U.S.C. § 1295 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1338 · 28 U.S.C. § 1631

Relies on Steel Co. v. Citizens for a Better Environment · Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California · Christianson v. Colt Industries Operating Corp. · Grable & Sons Metal Products Inc. Darue Engineering & Mfg. · Morrow v. Dillard

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.

  1. “Under Texas law, a cause of action for breach of fiduciary duty may take one of two forms: if the suit seeks damages, then the plaintiff must prove duty, breach, actual injury, and causation; whereas if the suit seeks an equitable forfeiture of the fee paid to the fiduciary, then the plaintiff need only prove duty and breach to recover.”
    1 later decision quote this exact passage · from the majority
  2. “duty to continually, and sua sponte , assess their jurisdiction.”
    1 later decision quote this exact passage · from the majority
  3. “Federal courts are courts of limited jurisdiction ....”
    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.