How cited: Palmer v. City Nat. Bank, of West Virginia · Go Syfert

Palmer v. City Nat. Bank, of West Virginia (2007)

green · 101 citation events across 20 courts. Showing the 50 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2008 → 2026 · click a year to view the case as of then
200820172026
Rule Authority · 6th Cir. · 4 citations in this opinion
Va., 498 F.3d 236, 246 (4th Cir. 2007).
green Rodas v. Seidlin (2011)
Quote Authority · 7th Cir. · 3 citations in this opinion
Therefore, it is not surprising that federal courts have regularly considered the doctrine of derivative jurisdiction as relating to “removal jurisdiction.” Palmer, 498 F.3d at 248 (“removal jurisdiction is derivative of state court jurisdiction prior to removal”); In re Miles, 430 F.3d 1083, 1087 (9th Cir.2005) (considering derivative jurisdiction in removal-jurisdiction terms); Hollis v. Florida State Univ., 259 F.3d 1295 , 1298 (11th Cir.2001) (same); North Dakota v. Fred…
“removal jurisdiction is derivative of state court jurisdiction prior to removal”
Rule Authority · 11th Cir. · 2 citations in this opinion
Bank, 498 F.3d 236, 245 (4th Cir. 2007) (explaining the different views of the Fourth and Eighth Circuits).
explaining the different views of the Fourth and Eighth Circuits
Quote Authority · 4th Cir.
Va., 498 F.3d 236, 240 (4th Cir. 2007) (“Whether at the suggestion of the parties or otherwise, this Court has an obligation to verify the existence of appellate jurisdiction before considering the merits of an appeal.”). 5 Some non-final decisions may also be appealed under § 1291 pursuant to the collateral order doctrine, “a ‘practical construction’ of § 1291’s ‘final decision rule,’ under which a ‘small class’ of decisions that do not end the litigation on the merits may …
“Whether at the suggestion of the parties or otherwise, this Court has an obligation to verify the existence of appellate jurisdiction before considering the merits of an appeal.”
Quote Authority · 4th Cir.
Va., 498 F.3d 236, 240 (4th Cir. 2007) (“Whether at the suggestion of the parties or otherwise, this Court has an obligation to verify the existence of appellate jurisdiction before considering the merits of an appeal.”). 5 Some non-final decisions may also be appealed under § 1291 pursuant to the collateral order doctrine, “a ‘practical construction’ of § 1291’s ‘final decision rule,’ under which a ‘small class’ of decisions that do not end the litigation on the merits may …
“Whether at the suggestion of the parties or otherwise, this Court has an obligation to verify the existence of appellate jurisdiction before considering the merits of an appeal.”
Quote Authority · 4th Cir.
Va., 498 F.3d 236, 240 (4th Cir. 2007) (“Whether at the suggestion of the parties or otherwise, this Court has an obligation to verify the existence of appellate jurisdiction before considering the merits of an appeal.”). 5 Some non-final decisions may also be appealed under § 1291 pursuant to the collateral order doctrine, “a ‘practical construction’ of § 1291’s ‘final decision rule,’ under which a ‘small class’ of decisions that do not end the litigation on the merits may …
“Whether at the suggestion of the parties or otherwise, this Court has an obligation to verify the existence of appellate jurisdiction before considering the merits of an appeal.”
Quote Authority · 4th Cir.
Va., 498 F.3d 236, 240 (4th Cir. 2007) (“Whether at the suggestion of the parties or otherwise, this Court has an obligation to verify the existence of appellate jurisdiction before considering the merits of an appeal.”). 5 Some non-final decisions may also be appealed under § 1291 pursuant to the collateral order doctrine, “a ‘practical construction’ of § 1291’s ‘final decision rule,’ under which a ‘small class’ of decisions that do not end the litigation on the merits may …
“Whether at the suggestion of the parties or otherwise, this Court has an obligation to verify the existence of appellate jurisdiction before considering the merits of an appeal.”
Rule Authority · 4th Cir.
Va., 498 F.3d 236, 240 (4th Cir. 2007).
Rule Authority · 4th Cir.
Va., 498 F.3d 236, 240 (4th Cir. 2007).
Rule Authority · 7th Cir.
Va., 498 F.3d 236, 249 (4th Cir. 2007); see also Rodriguez v. United States, 788 F. App’x 535 , 536 (9th Cir. 2019); Patriot Cinemas, Inc. v. Gen.
Rule Authority · 7th Cir.
Va., 498 F.3d 236, 249 (4th Cir. 2007); see also Rodriguez v. United States, 788 F. App’x 535 , 536 (9th Cir. 2019); Patriot Cinemas, Inc. v. Gen.
Rule Authority · 4th Cir.
Va., 498 F.3d 236, 240 (4th Cir. 2007).
Quote Authority · 9th Cir.
Va., 498 F.3d 236 , 242–43 (4th Cir. 2007) (“A district DEMARTINI V.
“A district DEMARTINI V. DEMARTINI 21 court decision that has a preclusive effect on the parties and that is logically and factually separable from the remand order is a decision that can be reviewed by this Court without affecting the remand order.”
Rule Authority · 4th Cir.
Va., 498 F.3d 236, 240-42 (4th Cir. 2007).
Rule Authority · 4th Cir.
Va., 498 F.3d 236, 240 (4th Cir.2007).
Quote Authority · 5th Cir.
Va., 498 F.3d 236, 246 (4th Cir. 2007) (“Whatever the intent of the 2002 amendment, its result was that § 1441(f) is more clear than former § 1441(e) in abrogating derivative jurisdiction only with respect to removals effectuated under § 1441.”) 7 Case: 13-50790 Document: 00512610597 Page: 8 Date Filed: 04/28/2014 No. 13-50790 States under the derivative jurisdiction doctrine. 16 IV Sentrillion also contends that the district court erred in remanding the state law claims tha…
“Whatever the intent of the 2002 amendment, its result was that § 1441(f) is more clear than former § 1441(e) in abrogating derivative jurisdiction only with respect to removals effectuated under § 1441.”
Rule Authority · W.D. Va. · 3 citations in this opinion
Va., 498 F.3d 236, 239 (4th Cir. 2007).
Rule Authority · D. Maryland · 3 citations in this opinion
Virginia, 498 F.3d 236, 244 (4th Cir. 2007)).
Rule Authority · E.D. Pa. · 3 citations in this opinion
Va., 498 F.3d 236, 244 (4th Cir. 2007).
Rule Authority · E.D. Mich. · 2 citations in this opinion
Bank, of West Virginia, 498 F.3d 236, 246 (4th Cir. 2007) (noting that Congress, in its statutory language, expressly abrogated derivative jurisdiction for removals effectuated under § 1441, but did not do so for cases removed under § 1442). when a suit lacking jurisdiction in state court is removed to federal court under § 1442.
noting that Congress, in its statutory language, expressly abrogated derivative jurisdiction for removals effectuated under § 1441, but did not do so for cases removed under § 1442
green Nielsen v. Miller (2021)
Rule Authority · W.D. Va. · 2 citations in this opinion
Va., 498 F.3d 236, 249 (4th Cir. 2007). 9 Even if the Court had subject matter jurisdiction over this action following the SBA’s removal to this Court pursuant to 28 U.S.C. § 1442 (a)(1), the Court would exercise its discretion to remand the remaining claims because (1) those claims involve issues of state law only, (2) the litigation is in its initial stages, and (3) Nielsen, the plaintiff, originally filed the action in Albemarle County Circuit Court, his forum of choice.
Rule Authority · D. Maryland · 2 citations in this opinion
Va., 498 F.3d 236, 244 (4th Cir.2007).
Rule Authority · M.D. Fla.
Va., 498 F.3d 236, 239 (4th Cir. 2007).
Rule Authority · D.D.C.
Va., 498 F.3d 236, 244 (4th Cir. 2007); Arizona v. Manypenny, 451 U.S. 232 , 242 n.17 (1981); see Williams v. Pretrial Servs.
Rule Authority · W.D. Va.
Va., 498 F.3d 236, 246 (4th Cir. 2007).
Rule Authority · D.D.C.
Va., 498 F.3d 236, 244 (4th Cir. 2007) (explaining that the doctrine of derivative jurisdiction “arises from the theory that a federal court’s jurisdiction over a removed case derives from the jurisdiction of the state court from which the case originated”).
explaining that the doctrine of derivative jurisdiction “arises from the theory that a federal court’s jurisdiction over a removed case derives from the jurisdiction of the state court from which the case originated”
Rule Authority · D.D.C.
Va., 498 F.3d 236, 244 (4th Cir. 2007).
Rule Authority · D.D.C.
Virginia, 498 F.3d 236, 246 (4th Cir. 2007).
Rule Authority · D.D.C.
Va., 498 F.3d 236, 244 (4th Cir. 2007).
Rule Authority · D. Utah
No. 99-336, § 3 , 100 Stat. 633 , 637 (1986) (current version at 28 U.S.C. § 1441 (f)); Palmer v. City Nat’l Bank, 498 F.3d 236, 245 (4th Cir. 2007) (noting a circuit split until Congress’s 2002 amendment). removed under 28 U.S.C. § 1441 , leaving cases removed under other statutes—such as 28 U.S.C. § 1442 , the federal agency removal statute—still subject to the doctrine.17 Because Ms. H. proceeds pro se, her filings are liberally construed and “held to a less stringent sta…
noting a circuit split until Congress’s 2002 amendment
Rule Authority · D.D.C.
Virginia, 498 F.3d 236, 245 (4th Cir. 2007) (describing 1985 and 2002 amendments to § 1441), it has made no such parallel amendment to § 1442.
describing 1985 and 2002 amendments to § 1441
green Biron v. George (2023)
Rule Authority · D.D.C.
Virginia, 498 F.3d 236, 245 (4th Cir. 2007) (describing 1985 and 2002 amendments to § 1441), it has made no such parallel amendment to § 1442.
describing 1985 and 2002 amendments to § 1441
green Cobb v. Baker (2022)
Rule Authority · D.D.C.
Virginia, 498 F.3d 236, 245 (4th Cir. 2007) (describing 1985 and 2002 amendments to § 1441), it has made no such parallel amendment to § 1442.
describing 1985 and 2002 amendments to § 1441
green Patel v. Jones (2022)
Quote Authority · W.D. Va.
Bank, of West Virginia, 498 F.3d 236, 239 (4th Cir. 2007) (“The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal.”).
“The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal.”
green Patel v. Jones (2022)
Quote Authority · W.D. Va.
Bank, of West Virginia, 498 F.3d 236, 239 (4th Cir. 2007) (“The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal.”).
“The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal.”
green Patel v. Jones (2022)
Quote Authority · W.D. Va.
Bank, of West Virginia, 498 F.3d 236, 239 (4th Cir. 2007) (“The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal.”).
“The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal.”
green Patel v. Jones (2022)
Quote Authority · W.D. Va.
Bank, of West Virginia, 498 F.3d 236, 239 (4th Cir. 2007) (“The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal.”).
“The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal.”
green Patel v. Jones (2022)
Quote Authority · W.D. Va.
Bank, of West Virginia, 498 F.3d 236, 239 (4th Cir. 2007) (“The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal.”).
“The doctrine of derivative jurisdiction requires that a federal court’s jurisdiction over a removed case mirror the jurisdiction that the state court had over the action prior to removal.”
Rule Authority · E.D.N.C.
Virginia, 498 F.3d 236, 246 (4th Cir. 2007).
Rule Authority · D.D.C.
Virginia, 498 F.3d 236, 245 (4th Cir. 2007) (describing the subsequent amendments).
describing the subsequent amendments
green Falice v. O'Brien (2020)
Rule Authority · D.D.C.
Va., 498 F.3d 236, 244 (4th Cir. 2007).
green Woods v. Hawk-Sawyer (2020)
Rule Authority · D.D.C.
Va., 498 F.3d 236, 244 (4th Cir. 2007).
Rule Authority · E.D. Wis.
“This doctrine has been referred to as the doctrine of derivative jurisdiction.” Rodas, 656 F.3d at 615 (citing Palmer v. City Nat’l Bank, of West Virginia, 498 F.3d 236, 239 (4th Cir. 2007)).
Rule Authority · W.D. Va.
At a bate minimum, when a statutory classification neither employs a suspect distinction nor burdens the exercise of a fundamental constitutional right, that classification must be tationally telated to a legitimate state interest—a level of examination referred to as “rational basis scrutiny.” Palmer v. City Nat'l Bank, 498 F.3d 236, 247 (4th Cir. 2007).
Rule Authority · D. Kan.
Va., 498 F.3d 236, 245 (4th Cir. 2007). 9 28 U.S.C. § 1441 (f); Palmer, 498 F.3d at 245 . 10 Lopez v. Sentrillon Corp., 749 F.3d 347, 350-51 (5th Cir. 2014). 11 42 U.S.C. § 405 (g). gives federal district courts exclusive jurisdiction over judicial review of final decisions.'?
Rule Authority · D.D.C.
Bank of West Virginia, 498 F.3d 236, 239 (4th Cir. 2007)).
Rule Authority · D.D.C.
Bank of West Virginia, 498 F.3d 236, 239 (4th Cir. 2007).
green Selvaggio v. Horner (2014)
Rule Authority · E.D. Pa.
Co., 258 U.S. 377, 382 , 42 S.Ct. 349 , 66 L.Ed. 671 (1922); Palmer v. City Nat’l Bank, 498 F.3d 236, 245-48 (4th Cir.2007).
Rule Authority · D.D.C.
Va. 498 F.3d 236, 244 (4th Cir.2007) (“The derivative-jurisdiction doctrine arises from the theory that a federal court’s jurisdiction over a removed case derives from the jurisdiction of the state court from which the case originated”).