694 F. Supp. 331 - Brusseau v. Electronic Data Systems Corp.’s Empirical Analysis
1988
Citation profile
2 federal appellate ·
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1447 · 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974)
Relies on Thomson v. Gaskill · Toussaint v. Blue Cross & Blue Shield · Chesapeake & Ohio Railway Co. v. Cockrell · Inc v. Miller Brewing Company · Green v. Amerada Hess Corp.
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When confronted with allegations of fraudulent joinder, the trial court’s vision must be synoptic rather than microscopic. The court must take care not to focus solely upon the factual minutiae of the individual case and thereby lose sight of the important questions of federal jurisdiction presented when the propriety of removal is contested. The “fraudulent joinder” issue must be seen by the trial courts as presenting a discrete threshold question. A trial court should not have to witness an entire epic drama before the necessary preclude [sic] has been acted out fully and the critics’ verdict rendered. [The trial court should not hold] what amount[s] to a plenary trial on the merits until it ha[s] first been established that the court would take jurisdiction over the matter. Only if it could [be] shown as a matter of law that there was not possibility of there being a valid claim stated against the in-state [defendant] should the court [deny] the plaintiff’s motion for remand.”
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.