Bankston v. Burch’s Empirical Analysis
27 F.3d 164 · 1994
Citation profile
11 federal appellate · 4 district ·
How this case has been cited
Cited by 30 later decisions — most recently January 2019 · most notably Carol Rae Cooper Foulds v. Texas Tech University (1999), United States v. Texas Tech University
11 federal appellate · 4 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
Applies 28 U.S.C. § 1447
Relies on Strawbridge v. Curtiss · Carden v. Arkoma Associates · Komen v. Robbins · Freeport-McMoRan Inc. v. K N Energy, Inc. · Strawbridge v. Curtiss
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In such derivative lawsuits, the form of the lawsuit does not obscure its substance: it is the partnership’s rights, not the limited partners’, that the lawsuit seeks to vindi cate. Because the partnership possesses the right sought to be enforced, the partnership is, at a minimum, the real party in interest in a derivative lawsuit.”
2 later decisions quote this exact passage · from the majority“The general partner of a limited partnership appeals from the district court’s judgment in a derivative lawsuit brought by a limited partner. Because the claims the limited partner pleaded derived from the partnership’s rights, the partnership's citizenship must be considered in determining whether federal diversity jurisdiction exists, (emphasis added).”
1 later decision quote this exact passage · from the majority“[h]ad [the plaintiff] pleaded his derivative claims as derivative claims, rather than attempting to cast them as personal to himself, the indispensability of the partnership as a party would have been immediately apparent.”
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.