Ogletree v. Barnes’s Empirical Analysis
1994
Citation profile
10 district ·
How this case has been cited
Cited by 28 later decisions — most recently March 2016 · most notably Michaels v. State of NJ (1996), 959 F. Supp. 364 - Spillers v. Tillman (1997)
10 district ·
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. § 1441 · 28 U.S.C. § 1446 · 28 U.S.C. § 1447 · 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on Shamrock Oil & Gas Corp. v. Sheets · Pullman Co. v. Jenkins · Healy Nh v. Ratta · Chicago, Rock Island & Pacific Railway Co. v. Martin · Rufo v. Inmates of the Suffolk County Jail
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although all defendants must join in the removal, the rule of unanimity does not require that all defendants sign the same notice of removal. Rather, section 1446 requires that each defendant file a notice of removal, either independently or by unambiguously joining in or consenting to another defendant’s notice, within the thirty-day period following service of process. E.g., Wilkins v. Correctional Medical Sys., No. 90-7155, 1991 WL 68791 , at n. 2, 1991, U.S.App. LEXIS 8279, at n. 2 (4th Cir.1991) (“Because the filing requirements contained in 28 U.S.C. § 1446 are mandatory, there is no federal jurisdiction when one of the defendants fails to join in, file his own, or officially and unambiguously consent to, a removal petition within 30 days of service.”).”
2 later decisions quote this exact passage · from the majority“There is nothing unfair about requiring each defendant to either sign the notice of removal, file its own notice of removal, or file a written consent or written joinder to the original notice of removal. Such a policy, while insuring the unanimity of removal, does not prevent any defendant from taking full advantage of the removal statute, and it is not a requirement which could be manipulated by plaintiffs to overcome the rights of defendants to remove.”
1 later decision quote this exact passage · from the majority“The notice of removal in a civil action or ■ proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based----”
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.