Middlebrooks v. Smith’s Empirical Analysis
735 F.2d 431 · 1984
Citation profile
14 federal appellate ·
How this case has been cited
Cited by 30 later decisions — most recently July 2022 · most notably Ukiah Adventist Hospital v. Federal Trade Commission (1992), Ross v. Colorado Outward Bound School, Inc. (1987)
14 federal appellate ·
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 28 U.S.C. § 1292 · 28 U.S.C. § 1404 · 28 U.S.C. § 1406 · 28 U.S.C. § 1631 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996) · 33 U.S.C. § 2255
Relies on Cohen v. Beneficial Industrial Loan Corp. · Bonner v. City of Prichard · McCreary Tire & Rubber Co. v. Ceat S.p.A. · Ellicott Machine Corp. v. Modern Welding Co. · Goble v. Marsh
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]e find the reasoning of Stelly to be persuasive for transfer orders under Sec. 1631 where the transfer is from one district court to another .... The petitioner here is not denied his day in court, but is simply relegated to pursuing his claim in another district court. If his complaint about the transfer is that the court below improperly characterized his claim as falling under 28 U.S.C. Sec. 2255 , rather than Secs. 2241 and 2243 as he alleged, he will be free to raise that point in the transferee court and pursue it on appeal after final disposition. Likewise, the petitioner still has means available to properly challenge the transfer order, such as moving the transferee court to retransfer or raising the matter on appeal after final judgment.”
2 later decisions quote this exact passage · from the majority“[w]henever a civil action is filed in a court ... and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court in which the action or appeal could have been brought at the time it was filed .... and the action or appeal shall proceed as if it had been filed in ... the court to which it is transferred on the date upon which it was actually filed in ... the court from which it is transferred.”
1 later decision quote this exact passage · from the majority“[t]he effect of the transfer order . . . was not a final adjudication, because the plaintiff was 'still in the federal court although in a different room.'”
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.