Wight v. BankAmerica Corp.’s Empirical Analysis

Citation profile

29 federal appellate · 10 district · 5 state decisions

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 233 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “fundamental principle of agency that the misconduct of managers within the scope of their employment will normally be imputed to the corporation.”

   5 later decisions quote this exact passage · from the majority
   e.g. In Re: The Bennett Funding Group, Inc. · 477 F. Supp. 2d 602 - In Re Parmalat Securities Litigation

2. “) (quoting Wagoner, 944 F.2d at 120 ); Breeden v. Kirkpatrick & Lockhart LLP (In re Bennett Funding Group, Inc.), 336 F.3d 94 , 99-100 (2d Cir. 2003) ; Wight, 219 F.3d at 86-87 ("Because management's misconduct is imputed to the corporation, and because a trustee stands in the shoes of the corporation, the Wagoner rule bars a trustee from suing to recover for a wrong that he himself essentially took part in.”

   4 later decisions quote this exact passage · from the majority
   e.g. Feltman v. Kossoff & Kossoff LLP (In re TS Emp't, Inc.) · Tese-Milner v. Beeler (In Re Hampton Hotel Investors, L.P.)

3. “A party invoking judicial estoppel must show that: (1) his adversary advanced an inconsistent factual position in a prior proceeding, and (2) the prior inconsistent position was adopted by the first court in some manner. There must be a true inconsistency between the statements in the two proceedings. If the statements can be reconciled there is no occasion to apply an estoppel.”

   4 later decisions quote this exact passage · from the majority
   e.g. Ashmore v. Cgi Grp., Inc. · Ruzhinskaya v. Healthport Techs., LLC