949 F. Supp. 1333 - Basic v. Fitzroy Engineering, Ltd.’s Empirical Analysis
1996
Citation profile
2 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 2017
2 federal appellate · 3 district · 2 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. § 1652 (Rules of Decision Act) · 28 U.S.C. § 2201 · 9 U.S.C. § 207
Relies on Erie Co v. Tompkins · Allen v. Wright · Aetna Life Ins Co of Hartford Conn v. Haworth · Maryland Casualty Co. v. Pacific Coal & Oil Co. · Soberon v. United States
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because Fitzroy filed the NZ action before Basic filed the Complaint, the New Zealand court should have the opportunity to render a judgment, or make other decisions regarding its own jurisdictional and pleading rules, without an American federal court “looking over its proverbial shoulder,” second-guessing each New Zealand court decision, and predicting possible foreign court judgments. Therefore, for reasons of comity, and ever mindful of “the strong sense of the Judicial Branch that its engagement in the task of passing on the validity of foreign acts ... may hinder the conduct of foreign affairs,” the court finds that the instant action would serve only to interfere with New Zealand’s sovereign right to decide cases brought to its own judicial forum. 182”
1 later decision quote this exact passage · from the majority“The action brought by Fitzroy asserts violation of New Zealand law, and findings by this court favorable to Basic would, for obvious reasons, result in neither persuasive nor binding authority on the New Zealand court. The only effect of such declarations would ' be on Fitzroy’s ability to enforce the foreign judgment in the United States. Yet, such a determination by this court at this juncture would be premature. Assuming that Fitzroy prevails on the [New Zealand] action, Basic will have the opportunity to argue the same issues raised in this Complaint to the federal district judge to which any enforcement proceeding is assigned. 79”
1 later decision quote this exact passage · from the majority“The more prudent and correct vehicle for [plaintiffs] to use in raising these claims is not by way of the instant Complaint, but to place the same contentions within the four corners of a pleading in response to an anticipated enforcement action.”
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.