Loftin v. Rush’s Empirical Analysis
767 F.2d 800 · 1985
Citation profile
31 federal appellate · 5 district · 3 state decisions
How this case has been cited
Cited by 66 later decisions — most recently April 2026 · most notably Brian P. Scott v. Machinists Automotive Trades District Lodge No. 190 Of Northern California (1987), Allen v. Ferguson (1986)
31 federal appellate · 5 district · 3 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 28 U.S.C. § 1331 · 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 1441 · 28 U.S.C. § 1442 · 28 U.S.C. § 1446 · 28 U.S.C. § 1447 · 42 U.S.C. § 659 (§ 459 of the Social Security Act of 1935) · 42 U.S.C. § 661 (§ 461 of the Social Security Act of 1935)
Relies on Bonner v. City of Prichard · United States v. Sherwood · United States v. Mitchell · Thermtron Products, Inc. v. Hermansdorfer · Ruckelshaus v. Sierra Club
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We do not read [Weeks v. Fidelity & Casualty Co. of New York, 218 F.2d 503, 504 (5th Cir.1955)], as mandating remand in all cases where a removal petition is untimely. We are unwilling to allow a modal defect to pretermit our substantive inquiry. The timeliness of a removal petition is not jurisdictional, supra, and we therefore have the power to review even an untimely petition.””
5 later decisions quote this exact passage · from the majority“(a) Except as otherwise expressly provided by Act of Congress, 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. (b) Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
3 later decisions quote this exact passage · from the majority“If at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case....”
3 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.