DuMarce v. Norton’s Empirical Analysis
2003
Citation profile
Relationships
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 1491 · 28 U.S.C. § 2401 · 28 U.S.C. § 2409A
Relies on United States v. Sherwood · Penn Central Transportation Co. v. New York City · William Marbury v. James Madison · United States v. Mitchell · Bender v. Williamsport Area School District
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“no person shall be entitled by devise or descent to take any interest ... less than two and one-half acres, or the equivalent thereof, in trust or restricted land within the reservation. Any interest less than two and one-half acres of a devisee or intestate distributee of a decedent ... shall escheat to the tribe and title to such escheated interest shall be taken in the name of the United States in trust for the tribe....” Pub.L. No. 98-513, § 5 , 98 Stat. 2411 (1984). . The”
2 later decisions quote this exact passage · from the majority“It does seem odd that the government, as trustee, would advance an argument requiring the trust beneficiary, a non-lawyer, to actively investigate whether she has claims against the trustee. . . . [T]he court finds, as a matter of law, that the government breached a fiduciary duty owed to her by failing to inform her of her potential cause of action against the United States,”
1 later decision quote this exact passage · from the majoritye.g. DuMarce v. Scarlett“The statute of limitations begins to run when a trust beneficiary knows or should know of the beneficiary's claim against the trustee. Nonetheless, because the beneficiary is entitled to rely upon the good faith and expertise of the trustee, the beneficiary's duty to discover claims against the trustee is somewhat lessened.”
1 later decision quote this exact passage · from the majoritye.g. DuMarce v. Scarlett
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.