Tran v. Tran’s Empirical Analysis
Citation profile
1 district ·
How this case has been cited
Cited by 56 later decisions — most recently August 2022 · most notably In the Matter of R. Daniel Bass, Jr., Estate of Harris v. Dawley (In Re Dawley) (2004)
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 Davis v. Aetna Acceptance Co. · Lines v. Frederick · Irving Trust Company v. Bowditch · Chapman v. Forsyth · McIntyre v. Ohio Elections Commission
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]t is not enough, however, that a statute purports to create a trust: A state cannot magically transform ordinary agents, contractors, or sellers into fiduciaries by the simple incantation of the term “trust” or “fiduciary.” Rather, to meet the requirements of § 523(a)(4), a statutory trust must (1) include a definable res and (2) impose “trust-like” duties.”
8 later decisions quote this exact passage · from the majority“[The construction fund statute] does not prohibit a fund holder from paying, without any fraudulent intent, creditors on one project with surplus funds left over from earlier work and then using funds provided for that later project on still other work. In short, the statute does not create red, blue, and yellow dollars each of which can only be used for red, blue, or yellow construction project. We held that, absent such an affirmative requirement, the subject statute did not make fiduciaries out of all contractors for the purposes of § 523(a)(4), but rather made fiduciaries of only those contractors who diverted funds with the intent to defraud. In Coburn Company of Beaumont v. Nicholas, ... we again. rejected the argument that the statute elevated every contractor who accepts funds or loans under a construction contract to a § 523(a)(4) fiduciary. Our discussion of the significance of the absence of a statutory prohibition of spending putative trust funds for non-trust purposes does not suggest the converse, i.e., that the mere inclusion of such a prohibition would alone be sufficient to create a fiduciary relationship under the debt discharge exception. The absence of such a prohibition is telling, though, because without such a requirement, the supposed trustee appears not so much to be responsible for managing a beneficiary’s funds on the. beneficiary’s behalf as to be engaged in a typical agency relationship.”
3 later decisions quote this exact passage · from the majority“not only fails to impose the core duties to which we have looked in the past as indicators of a true fiduciary relationship — an express prohibition on spending trust funds for non-trust purposes and an express requirement to segregate such funds — but, more fundamentally, fails to entrust the ticket sales agent with the state’s money for safekeeping or otherwise to grant him a “position of ascendency” over the state. In short, although the state as principal, sought by the simple expediency of a change in labels to transform its relationship with Tran, as its agent, it failed to effect a change in the substance of that relationship.”
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.