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← 761 F.3d 1042 - Smith v. Mylan Inc.

Smith v. Mylan Inc.’s Empirical Analysis

761 F.3d 1042 · 2014

Citation profile

11
cited by 11 later decisions
1
states following
December 2024
most recently cited

3 federal appellate · 1 district · 1 state decisions

Relationships

Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1446 · 28 U.S.C. § 1447

Relies on Fristoe v. Reynolds Metals Co. · Barnes v. Westinghouse Electric Corp. · Maniar v. Federal Deposit Insurance · Uniroyal Goodrich Tire Company · Kelton Arms Condominium Owners Ass'n v. Homestead Insurance

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

  1. “Although the [thirty-day] time limit is mandatory and a timely objection to a late petition will defeat removal, a party may waive the defect or be estopped from objecting to the untimeliness by sitting on his rights.”
    1 later decision quote this exact passage · from the majority
  2. “untimely removal is a procedural defect and not jurisdictional, and that § 1447(c) limits a district court's power to remand a case sua sponte for such a procedural defect”). Because the Court”
    1 later decision quote this exact passage · from the majority
  3. “[ Section] 1446(b) 's thirty-day time limit within which the defendant must file a notice of removal after receipt of the complaint ... [is] merely procedural.”
    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.