In Re: Stuart J. Atlas’s Empirical Analysis
2000
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 17 later decisions — most recently October 2024
5 federal appellate ·
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 Budinich v. Becton Dickinson & Co. · Liberty Mutual Insurance v. Wetzel · Shimer v. Fugazy · LaChance v. Duffy's Draft House, Inc. · Tidewater Group Inc Providers Benefit Life Insurance Company v. Tidewater Group Inc Tidewater Group Inc
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Supreme Court has stated that “where assessment of damages or awarding of other relief remains to be. resolved [judgments] have never been considered to be ‘final’ within the meaning of 28 U.S.C. § 1291 .” The concept of finality employed to determine appealability under the Bankruptcy Code is “open to a more liberal interpretation” than that applicable to civil litigation governed by 28 U.S.C. § 1291 , but this liberality stems from practicality, and is limited by it in turn. Determinations of liability without an assessment of damages are as likely to cause duplicative litigation in bankruptcy as they are in civil litigation, and because bankruptcy litigants may appeal to district as well as to appellate courts, the waste of judicial resources is likely to be greater. The rule for appeals from bankruptcy decisions determining liability but not damages under 28 U.S.C. § 158 (d) must therefore be the same as the rule under § 1291. We hold that the district court lacked jurisdiction to hear an appeal from the bankruptcy court’s order, and because the district court lacked jurisdiction, we do also. Accordingly, we dismiss the appeal.”
1 later decision quote this exact passage · from the majority“Guy’s willful violation of the stay is subject to sanctions under 11 U.S.C. § 362 (h).... Therefore, it is — ORDERED as follows: ... 2. Pursuant to 11 U.SC. § 362(h), the Court awards damages in favor of the Trustee and against James Guy in an amount to be fixed upon the Trustee’s filing of a supplemental motion detailing the fees and costs incurred as a result of Guy’s wrongful conduct. 3. The Court will consider awarding punitive damages against James Guy if the Complaint is not dismissed within two days after service of this Order upon Guy.”
1 later decision quote this exact passage · from the majority“in bankruptcy proceedings is limited to final decisions of the district court.” Guy v. Dzikowski (In re Atlas), 210 F.3d 1305, 1307 (11th Cir. 2000); see 28 U.S.C. § 158 (d). Because”
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.