Powers v. South Central United Food & Commercial Workers Unions & Employers Health & Welfare Trust’s Empirical Analysis
719 F.2d 760 · 1983
Citation profile
29 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 70 later decisions (1 by the Supreme Court) — most recently August 2014 · most notably Metropolitan Life Insurance v. Taylor (1987), Willy v. Coastal Corp. (1988)
29 federal appellate · 2 district · 1 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 15 U.S.C. § 717 · 28 U.S.C. § 1331 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1337 · 28 U.S.C. § 1441 · 28 U.S.C. § 1446 · 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974)
Relies on Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California · Gully v. First Nat. Bank in Meridian · Federated Department Stores, Inc. v. Moitie · Skelly Oil Co. v. Phillips Petroleum Co. · Shamrock Oil & Gas Corp. v. Sheets
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[WJhether a case is one arising under the Constitution or a law or treaty of the United States, in the sense of the jurisdictional statute ... must be determined from what necessarily appears in the plaintiffs statement of his own claim in the bill or declaration, unaided by anything alleged in anticipation or avoidance of defenses which it is thought the defendant may interpose.”
2 later decisions quote this exact passage · from the majority““(a) ... 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.” 4”
2 later decisions quote this exact passage · from the majority“an asserted or anticipated defense predicated on federal preemption of state law is, in jurisdictional terms, a defense like any other and will not serve to invoke federal jurisdiction”
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.