In Re James S. Hamada,’s Empirical Analysis
2002
Citation profile
4 federal appellate · 1 district · 2 state decisions
Relationships
Relies on Western Security Bank v. Superior Court · Fireman's Fund Insurance v. Maryland Casualty Co. · American Surety Co of New York v. Bethlehem Nat Bank of Bethlehem Pa · Robert Gruntz Robert Gruntz v. Opinion County of Los Angeles · Memphis & Little Rock Railroad v. Dow
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a)Except as provided in subsection (b) or (c) of this section, an entity that is liable with the debtor on, or that has secured, a claim of a creditor against the debtor, and that pays such claim, is sub-rogated to the rights of such creditor to the extent of such payment. (b) Such entity is not subrogated to the rights of such creditor to the extent that— (1) a claim of such entity for reimbursement or contribution on account of such payment of such creditor’s claim is— (A) allowed under section 502 of this title; (B) disallowed other than under section 502(e) of this title; or (C) subordinated under section 510 of this title; or (2) as between the debtor and such entity, such entity received the consideration for the claim held by such creditor. (c) The court shall subordinate to the claim of a creditor and for the benefit of such creditor an allowed claim, by way of subrogation under this section, or for reimbursement or contribution, of an entity that is liable with the debtor on, or that has secured, such creditor’s claim, until such creditor’s claim is paid in full, either through payments under this title or otherwise.”
2 later decisions quote this exact passage · from the majority“"Conventional” or "contractual” subrogation rights arise from an express or implied agreement between the subrogor and subrogee. Mutual Serv. Cas. Ins. Co. v. Elizabeth State Bank, 265 F.3d 601, 626 (7th Cir.2001). "Equitable subrogation is a legal fiction, which permits a party who satisfies another’s obligation to recover from the party 'primarily liable’ for the extinguished obligation.” In re Air Crash Disaster, 86 F.3d 498, 549 (6th Cir.1996). The right of "legal" or "equitable” subrogation arose as a "creature of equity” and "is enforced solely for the purpose of accomplishing the ends of substantial justice.” Memphis & L.R.R. Co. v. Dow, 120 U.S. 287, 302 , 7 S.Ct. 482 , 30 L.Ed. 595 (1887). Statutory subrogation, as one might expect, occurs by virtue of a right created by statute. See, e.g., Carter v. Derwinski, 987 F.2d 611, 614 (9th Cir.1993) (enbanc).”
2 later decisions quote this exact passage · from the majority“) in the shoes of the person who suffered the loss (”
2 later decisions 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.