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← 359 FSUPP 1099 - Palmer v. Wilson

Palmer v. Wilson’s Empirical Analysis

1973

Citation profile

24
cited by 24 later decisions
2
states following
July 1982
most recently cited

10 federal appellate · 2 district · 2 state decisions

Relationships

Applies 15 U.S.C. § 1605 (§ 106 of the Truth in Lending Act) · 15 U.S.C. § 1635 (§ 125 of the Truth in Lending Act) · 15 U.S.C. § 1639 (§ 129 of the Truth in Lending Act) · 15 U.S.C. § 1640 (§ 130 of the Truth in Lending Act)

Relies on Mourning v. Family Publications Service, Inc. · 329 F. Supp. 270 - Ratner v. Chemical Bank New York Trust Company · Buford v. American Finance Company · Douglas v. Beneficial Finance Co. of Anchorage · 319 F. Supp. 875 - Bostwick v. Cohen

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

  1. “(a) Except as otherwise provided in this section, any creditor who fails in connection with any consumer credit transaction to disclose to any person any information required under this part to be disclosed to that person is liable to that person in an amount equal to the sum of (1) twice the amount of the finance charge in connection with the trans action, except that the liability under this paragraph shall not be less than $100 nor greater than $1000; and (2) in the case of any successful action to enforce the foregoing liability, the costs of the action together with a reasonable attorneys’s fee as determined by the court.”
    2 later decisions quote this exact passage · from the majority
  2. “When an obligor exercises his right to rescind under subsection (a) ... he is not liable for any finance or other charge, and any security interest given by the obligor ... becomes void upon such a rescission. Within ten days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction .... Upon the performance of the creditor's obligations under this section, the obligor shall tender the property to the creditor....”
    1 later decision quote this exact passage · from the majority
  3. ““A creditor may not be held liable in any action brought under this section for a violation of this part if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.””
    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.