Usery Gourley’s Empirical Analysis
123 F.3d 1089 · 1997
Citation profile
12 federal appellate · 1 district ·
How this case has been cited
Cited by 83 later decisions — most recently April 2018 · most notably Snyder v. Dewoskin (1997), Kaelin v. V
12 federal appellate · 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
Relies on First National Bank of Olathe v. Pontow · Heberer v. Shell Oil Co. · Clements Auto Company v. The Service Bureau Corporation · Smith v. Tracy
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the difference between the actual value of the property and what its value would have been if the property had been as represented,”
2 later decisions quote this exact passage · from the majority“On remand, the Bankruptcy Court must determine the difference between the actual value of the nursing homes and the value of the homes as represented, using the same capitalization rate for each part of the equation. In other words, the court must use the same process to calculate both valuation figures,- changing only the cash-flow numbers. Because valuation is a subjective art, we are unable to make a specific finding as to damages on appeal, but we note that each of the illustrative calculations we have undertaken, including the example presented in [Appellees’] reply brief, has yielded benefit-of-the-bargain damages of less than $600,000.”
1 later decision quote this exact passage · from the majority“Because of several errors in the calculation of damages, a new trial limited to the issue of damages is required. The judgment of the District Court is affirmed as to liability and reversed as to damages, and the case is remanded with instructions to remand to the Bankruptcy Court for further proceedings in accordance with the opinion.”
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.