Joint Eastern and Southern District Asbestos Litigation Keene Corporation Keene Corporation v. Fiorelli’s Empirical Analysis
14 F.3d 726 · 1993
Citation profile
16 federal appellate · 7 district · 1 state decisions
How this case has been cited
Cited by 76 later decisions — most recently September 2018 · most notably Castano v. American Tobacco Co. (1996), Nowak v. Ironworkers Local 6 Pension Fund (1996)
16 federal appellate · 7 district · 1 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 11 U.S.C. § 1102 · 11 U.S.C. § 1123 · 11 U.S.C. § 1126 · 11 U.S.C. § 1141 · 11 U.S.C. § 362 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1333 · 28 U.S.C. § 1367
Relies on Baker v. Carr · Valley Forge Christian College v. Americans United for Separation of Church and State, Inc. · Bell v. Hood · McNutt v. General Motors Acceptance Corp. · Aetna Life Ins Co of Hartford Conn v. Haworth
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Evasion of bankruptcy is ... not without costs or other perils.... [C]lass members in cases such as this would have no say in the conduct of the court-appointed class representatives and, unlike creditors in bankruptcy, are not able to vote on a settlement. For them, it would be “cram-down” from start to finish.”
2 later decisions quote this exact passage · from the majority“a self-evident evasion of the exclusive legal system established by Congress for debtors to seek relief.”
2 later decisions quote this exact passage · from the majority“Indeed, the process contemplated by [class proponents] mirrors a bankruptcy proceeding. The finding of a limited fund corresponds to a finding of insolvency. The preliminaiy injunction serves much the same function as the automatic stay under Section 362(a) of the Bankruptcy Code. 11 U.S.C. § 362 (a) (1988). The class representatives correspond to creditors’ committees in Chapter 11 proceedings. See 11 U.S.C. § 1102 (1988). The proposed mandatory class settlement mirrors a reorganization plan and "cram-down,” see 11 U.S.C. § 1123 , 1129(b), followed by a discharge, 11 U.S.C. § 1141 (d).”
1 later decision quote this exact passage · from the majoritye.g. Flanagan v. Ahearn
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.