Red Bull Associates v. Best Western International, Inc.’s Empirical Analysis
862 F.2d 963 · 1988
Citation profile
5 federal appellate · 8 district · 1 state decisions
How this case has been cited
Cited by 73 later decisions — most recently June 2017 · most notably George Jumara and Evangelina Jumara, H/w v. State Farm Insurance Company (1995), Klinghoffer v. Snc Achille Lauro Ed Altri-Gestione Motonave Achille Lauro in Amministrazione Straordinaria Chasser
5 federal appellate · 8 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 28 U.S.C. § 1292 · 28 U.S.C. § 1404
Relies on M/s Bremen v. Zapata off-Shore Company · Van Dusen v. Barrack · Newman v. Piggie Park Enterprises, Inc. · Stewart Organization, Inc. v. Ricoh Corp. · Trafficante v. Metropolitan Life 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While individuals are free to regulate their purely private disputes by means of contractual choice of forum, we cannot adopt a per se rule that gives these private arrangements dispositive effect where the civil rights laws are concerned. Congress declared two factors decisive on a motion for transfer pursuant to § 1404(a). The private convenience of the parties ... was only one of the elements to be considered. The other component of the analysis — the interest of justice — is not properly within the power of private individuals to control. The existence of a forum selection clause cannot preclude the district court’s inquiry into the public policy ramifications of transfer decisions.”
2 later decisions quote this exact passage · from the majority“When a district judge, in making in a civil action an order not otherwise ap-pealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals ... may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order....”
1 later decision quote this exact passage · from the majority“Post the Supreme Court’s pronouncement in Stewart, it is clear that a district court has even broader discretion to decide transfer motions under § 1404(a) than was provided by Bremen . Since we believe the district court did not abuse its discretion in refusing to transfer even under the relatively strict confines of Bremen , its decision was a forti-ori, not an abuse of discretion under Stewart and was clearly ‘authorized by law’ under § 1404(a).”
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.