Sheerin v. Davis’s Empirical Analysis
3 F.3d 113 · 1993
Citation profile
21 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 75 later decisions — most recently March 2018 · most notably Meyer v. Rigdon (1994), RecoverEdge L.P. v. Pentecost (1995)
21 federal appellate · 2 district · 3 state decisions
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 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 523
Relies on Grogan v. Garner · Ohio v. Kovacs · Superintendent, Massachusetts Correctional Institution v. Hill · Fitz-Gerald v. Hull · Carey Lumber Co. v. Bell
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the issue at stake must be identical to the one involved in the prior action; (2) the issue must have been actually litigated in the prior action; and (3) the determination of the issue in the prior action must have been a necessary part of the judgment in that earlier action.”
7 later decisions quote this exact passage · from the majority“... The ability of a debtor to choose between performance and damages in some cases is not the same as a debtor’s liability for money damages for failing to satisfy an equitable obligation. See In re Chateaugay Corp., 944 F.2d 997 , 1007-08 (2nd Cir.1991). While Section 101(5)(B) encourages creditors to select money damages from among alternative remedies, it does not require creditors entitled to an equitable remedy to select a sub-optimal remedy of money damages.”
5 later decisions quote this exact passage · from the majority“equitable remedy for breach of performance if such breach gives rise to a right to payment.”
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.