Schmeling v. Nordam’s Empirical Analysis
97 F.3d 1336 · 1996
Citation profile
36 federal appellate · 33 district · 4 state decisions
How this case has been cited
Cited by 112 later decisions — most recently February 2022 · most notably In re Community Bank of Northern Virginia (2005), Parry v. Mohawk Motors of Michigan, Inc. (2000)
36 federal appellate · 33 district · 4 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. § 1441 · 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1144 (§ 514 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 185 (§ 301 of the Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 49 U.S.C. § 45102 · 49 U.S.C. § 45106
Relies on Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California · Cort v. Ash · Caterpillar Inc. v. Williams · Metropolitan Life Insurance v. Taylor · Touche Ross & Co. v. Redington
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 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[w]e read the term ["complete preemption"] not as a crude measure of the breadth of the preemption (in the ordinary sense) of a state law by a federal law, but rather as a description of the specific situation in which a federal law not only preempts a state law to some degree but also substitutes a federal cause of action for the state cause of action, thereby manifesting Congress's intent to permit removal."”
9 later decisions quote this exact passage · from the concurrence“[T]he evolution of the doctrine ... has been one of fits-and-starts and zig-zags and has, not surprisingly, occasioned both confusion and disagreement among the federal circuit and district courts.”
5 later decisions quote this exact passage · from the majority“a federal cause of action must provide the same remedies as offered by the preempted state cause of action.”
3 later decisions quote this exact passage · from the concurrence
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.