In Re Lewis Smyth’s Empirical Analysis
Citation profile
4 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 28 later decisions — most recently September 2022 · most notably In Re Cummins Utility, L.P. (2002), The Houston Exploration Company v. Halliburton Energy Services Inc (2001)
4 federal appellate · 1 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
Relies on Mosser v. Darrow · Cochise College Park Inc Hall v. Perry B-72-393 Phx Wpc · Ford Motor Credit Co. v. Weaver · Yadkin Valley Bank & Trust Co. v. McGee · Sherr v. Winkler
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e conclude that the trustees should not be subjected to personal liability unless they are found to have acted with gross negligence, (citation omitted) Gross negligence has been defined as: The intentional failure to perform a manifest duty in reckless disregard for the consequences ... It is an act or omission respecting legal duty of an aggravated character as distinguished from a mere failure to exercise ordinary care. It amounts to indifference to present legal duty and to utter forgetfulness of legal obligations so far as other persons may be affected.”
2 later decisions quote this exact passage · from the majority“We see no room for the operation of the principles of negligence in a ease in which conduct has been knowingly authorized. This is not the case of a trustee betrayed by those he had grounds to believe were trustworthy, for these employees did exactly what it was agreed by the trustee that they should do____ The liability here is not created by a failure to detect defalcations ... but is a case of a willful and deliberate setting up of an interest in employees adverse to that of the trust.”
1 later decision quote this exact passage · from the majority“Orders appointing counsel under the Bankruptcy Code are interlocutory and are not generally considered final and appeal-able.”
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.