Smith v. Dowden’s Empirical Analysis
47 F.3d 940 · 1995
Citation profile
6 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 49 later decisions — most recently January 2019 · most notably Garfield v. Jc Nichols Real Estate Jc Hornbeck J a (1995), Bonneville Associates, Limited Partnership, and MacHan Hampshire Properties, Ltd v. David J. Barram, Administrator, General Services Administration (1999)
6 federal appellate · 1 district · 2 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 28 U.S.C. § 1292
Relies on Granfinanciera, S.A. v. Nordberg · Katchen v. Landy · Langenkamp v. Culp · Katchen v. Landy · Van-S-Aviation Corp. v. Piper Aircraft Corp.
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] creditor may withdraw a claim as of right by filing a notice of withdrawal, except as provided in this rule. If after a creditor has filed a proof of claim an objection is filed thereto or a complaint is filed against that creditor in an adversary proceeding, or the creditor has accepted or rejected the plan or otherwise has participated significantly in the case, the creditor may not withdraw the claim except on order of the court after a hearing ...”
6 later decisions quote this exact passage“The effect of a voluntary dismissal without prejudice ... 'is to render the proceedings a nullity and leave the parties as if the action had never been brought'”
3 later decisions quote this exact passagee.g. Jeanette G. Garfield v. J.C. Nichols Real Estate, a Common Joint Venture Partnership J.C. Nichols Realty Co., a Missouri Corporation New Millennium of Kansas City, Inc., a Kansas Corporation, Defendants- Rosemary Hornbeck, Thomas Heller, Donna J. Klammer, Ellen A. McCarthy v. J.C. Nichols Real Estate, a Common Joint Venture Partnership J.C. Nichols Realty Co., a Missouri Corporation New Millennium of Kansas City, Inc., a Kansas Corporation, Defendants · Garfield v. Jc Nichols Real Estate Jc Hornbeck J a“We do not believe that our decision today will seriously impede the ability of the bankruptcy court to efficiently adjudicate claims against the bankruptcy estate. If the bankruptcy court wishes to retain jurisdiction over a claim, it need only include specific language to that effect in its order granting the creditor’s motion to withdraw his claim, or delay the dismissal of the creditor’s claim until the trustee has had an opportunity to file an adversarial claim.”
1 later decision quote this exact passage
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.