In Re Jacqueline Duncan’s Empirical Analysis
Citation profile
35
cited by 35 later decisions
March 2019
most recently cited
3 district ·
Relationships
Relies on Kawaauhau v. Geiger · Miller v. J.D. Abrams Inc. · Williams v. International Brotherhood of Electrical Workers Local 520 · TransDulles Center, Inc. v. Sharma · Pahlavi v. Ansari
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Section] 523(a)(6) applies only to “acts done with actual intent to cause injury.” Section 523(a)(6) is not satisfied by negligent, grossly negligent, or reckless conduct. Moreover, the mere fact that a debtor engaged in an intentional act does not necessarily mean that he acted willfully and maliciously for purposes of § 523(a)(6). “Nondischargeability takes a deliberate or intentional injury, not merely a deliberate or intentional act that leads to injury.””
3 later decisions quote this exact passage · from the majority“(1) the parties to the two proceedings must be the same or in privity; (2) the prior proceeding must have resulted in a valid and final judgment against the party against whom preclusion is sought or his privity; (3) the factual issue to be precluded must have been actually litigated in the prior proceeding; (4) the factual issues to be precluded must have been essential to the judgment in the prior proceeding; and (5) there must be mutuality, that is, a party is generally prevented from invoking the preclusive force of a judgment unless that party would have been bound had the prior litigation of the issue reached the opposite result.”
2 later decisions quote this exact passage · from the majority“[s]tate court judgments can collaterally estop the litigation of issues in adversary proceedings in federal bankruptcy court.”
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.