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← 27 F.3d 164 - Bankston v. Burch

Bankston v. Burch’s Empirical Analysis

27 F.3d 164 · 1994

Citation profile

30
cited by 30 later decisions
January 2019
most recently cited

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 ·

180199420002010decided

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.

  1. “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
  2. “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
  3. “[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.