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← 329 F.3d 1119 - In Re Gregory Dewitt Cantrell, Debtor

In Re Gregory Dewitt Cantrell, Debtor’s Empirical Analysis

2003

Citation profile

71
cited by 71 later decisions
4
states following
March 2019
most recently cited

1 district · 5 state decisions

Relationships

Relies on Grogan v. Garner · 1 Cal. 3d 586 - United States Liability Insurance v. Haidinger-Hayes, Inc. · Ragsdale v. Haller · Bancroft-Whitney Co. v. Glen · Bainbridge v. Stoner

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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “First, the issue sought to be precluded from relitigation must be identical to that decided in a former proceeding. Second, this issue must have been actually litigated in the former proceeding. Third, it must have been necessarily decided in the former proceeding. Fourth, the decision in the former proceeding must be final and on the merits. Finally, the party against whom preclusion is sought must be the same as, or in privity with, the party to the former proceeding.”
    6 later decisions quote this exact passage · from the majority
  2. “(1) the issue is identical to an issue actually litigated and necessarily adjudicated in the prior proceeding; (2) the party against whom estoppel was sought was a party to or was in privity with a party to the prior proceeding; (3) there was a final judgment on the merits in the prior proceeding; and (4) the party against whom the doctrine is asserted had a full and fair opportunity to litigate the issues in the prior proceeding.”
    1 later decision quote this exact passage · from the majority
  3. “The broad, general definition of fiduciary—a relationship involving confidence, trust and good faith—is inapplicable in the dischargeability context.... The fiduciary relationship must be one arising from an express or technical trust that was imposed before and without reference to the wrongdoing that caused the debt.”
    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.