Cross v. Bell Helmets, USA’s Empirical Analysis
1996
Citation profile
1 district ·
How this case has been cited
Cited by 14 later decisions — most recently December 2012
1 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. § 1442 · 28 U.S.C. § 1446 · 28 U.S.C. § 1447
Relies on McNutt v. General Motors Acceptance Corp. · St Paul Mercury Indemnity Co v. Red Cab Co · Kashif v. United States · Horton v. Liberty Mutual Insurance · Chapman v. Burton Berger & Associates
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In removal practice, when a complaint does not allege a specific amount of damages, the party invoking federal jurisdiction must prove by a preponderance of the evidence that the amount in controversy exceeds the jurisdictional amount. The district court must first examine the complaint to determine whether it is “facially apparent” that the claims exceed the jurisdictional amount. If it is not apparent, the court may rely on “summary judgment-type” evidence to ascertain the amount in controversy. Importantly, the jurisdictional facts must be judged as of the time the complaint is filed; subsequent events cannot serve to deprive the court of jurisdiction once it has attached.”
1 later decision quote this exact passage · from the majority“'facially' apparent from the state court petition that the amount in controversy is likely to exceed [the jurisdictional requirement], then the defendant need only point this out to successfully bear its burden.” Cross v. Bell Helmets, USA, 927 F.Supp. 209, 212-13 (E.D.Tex.1996); see also Marcel v. Pool Co., 5 F.3d 81, 84 (5th Cir.1993). If it is not facially apparent that the damages are likely to exceed the jurisdictional minimum,”
1 later decision quote this exact passage · from the majority“If [the plaintiff] does not desire to try his case in the federal court he may resort to the expedient of suing for less than the jurisdictional amount, and though he would be justly entitled to more, the defendant cannot remove.”
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.