Parker v. Wendy's International, Inc.’s Empirical Analysis

Citation profile

15 federal appellate · 6 district · 17 state decisions

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

1. “In this case, [the plaintiffs] discrimination claim became an asset of the bankruptcy estate when she filed her petition. [The trustee] then became the real party in interest in [the plaintiffs] discrimination suit. He has never abandoned [the plaintiffs] discrimination claim and he never took an inconsistent position under oath with regard to this claim. Thus, [the trustee] cannot now be judicially estopped from pursuing it.”

   6 later decisions quote this exact passage · from the majority
   e.g. Wood v. Household Finance Corp. · Thompson v. Earthlink Shared Services, LLC

2. “[A] trustee, as the representative of the bankruptcy estate, is the proper party in interest, and is the only party with standing to prosecute causes of action belonging to the estate.”

   5 later decisions quote this exact passage · from the majority
   e.g. Estate of Spirtos v. One San Bernardino County Superior Court Case Numbered SPR 02211 · 472 F. App'x 884 - Dexter Webb v. The City of Riverdale

3. “Although general bankruptcy law establishes that the trustee does not have any more rights than the debtor has, Bank of Marin v. England, 385 U.S. 99, 101 , 87 S.Ct. 274, 276 , 17 L.Ed.2d 197 (1966) (“The trustee succeeds only to such rights as the bankrupt possessed; and the trustee is subject to all claims and defenses which might have been asserted against the bankrupt but for the filing of the petition.”); In re Halabi, 184 F.3d 1335 , 1337 (11th Cir.1999), any post-petition conduct by [plaintiff], including failure to disclose an asset, does not relate to the merits of the discrimination claim. This is because the instant the bankruptcy petition was filed, [plaintiffl’s claim against Wendy’s became property of the estate under section 541 and [the bankruptcy trustee] became the real party in interest. At that point, the debtor ceased to have an interest in the discrimination claim, unless and until the trustee abandoned it. Both Bank of Marin and In re Halabi are readily distinguishable since those cases deal with pre-petition defenses and counterclaims to a cause of action that would have been applicable to the debtor had no bankruptcy case been filed.”

   4 later decisions quote this exact passage · from the majority
   e.g. Hamm v. Norfolk Southern Railway Co. · 483 F. Supp. 2d 820 - Canterbury v. Federal-Mogul Ignition Co.