Stern v. Marshall’s Empirical Analysis
2011
Citation profile
116 federal appellate · 58 district · 20 state decisions
Appellate journey
reviewedMarshall v. Marshall (from Ninth Circuit Court of Appeals)
Relationships
Applies 11 U.S.C. § 501 · 11 U.S.C. § 523 · 28 U.S.C. § 152 · 28 U.S.C. § 157 · 29 U.S.C. § 160 (§ 10 of the National Labor Relations Act) · 42 U.S.C. § 3612 (§ 812 of the Fair Housing Act (Title VIII, Civil Rights Act of 1968)) · 49 U.S.C. § 10704 · 7 U.S.C. § 18
Relies on Northern Pipeline Construction Co. v. Marathon Pipe Line Co. · Crowell v. Benson · Granfinanciera, S.A. v. Nordberg · Thomas v. Union Carbide Agricultural Products Co. · Commodity Futures Trading Commission v. Schor
Cited together with Turner v. Rogers · Northern Pipeline Construction Co. v. Marathon Pipe Line Co. · Granfinanciera, S.A. v. Nordberg · Stern v. Marshall · Bell Atlantic Corp. v. Twombly
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 1,167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Congress may not bypass Article III simply because a proceeding may have some bearing on a bankruptcy case; the question is whether the action at issue stems from the bankruptcy itself or would necessarily be resolved in the claims allowance process.”
18 later decisions quote this exact passage · from the majority“counterclaims by the estate against persons filing claims against the estate”
12 later decisions quote this exact passage · from the majority“[W]e think it proper to state that we do not consider congress can either withdraw from judicial cognizance any matter which, from its nature, is the subject of a suit at the common law, or in equity, or admiralty; nor, on the other hand, can it [Congress] bring under the judicial power a matter which, from its nature, is not a subject for judicial determination.”
5 later decisions quote this exact passage · from the dissent
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.