Brookside Associates v. Rifkin’s Empirical Analysis
49 F.3d 490 · 1995
Citation profile
10 federal appellate · 1 district ·
How this case has been cited
Cited by 44 later decisions — most recently June 2014 · most notably Andrew Hk Wong v. The Regents of the University of California (1999), Motorcity of Jacksonville, Ltd. v. Southeast Bank N.A. (1996)
10 federal appellate · 1 district ·
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 12 U.S.C. § 1441A · 12 U.S.C. § 1823
Relies on D'Oench, Duhme & Co. v. Federal Deposit Insurance · Langley v. Federal Deposit Insurance · Air Line Pilots Ass'n v. Landry · City of El Centro v. United States · Rufo v. Inmates of the Suffolk County Jail
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the common-law [D'Oench ] doctrine applies to bar suit even when the RTC does not acquire a specific asset whose value is affected by the alleged secret agreement”
3 later decisions quote this exact passage · from the majority“No agreement which tends to diminish or defeat the interest of the [RTC] in any asset acquired by it under this section or section 1821 of this title, either as security for a loan or by purchase or as receiver of any insured depository institution, shall be valid against the [RTC] unless such agreement— (1) is in writing, (2) was executed by the depository institution and any person claiming an adverse interest thereunder, including the obligor, contemporaneously with the acquisition of the asset by the depository institution, (3) was approved by the board of directors of the depository institution or its loan committee, which approval shall be reflected in the minutes of said board or committee, and (4) has been, continuously, from the time of its execution, an official record of the depository institution.”
2 later decisions quote this exact passage · from the majority“D'Oench protects the FDIC from [the plaintiff's] affirmative claims which are based upon an alleged oral agreement to lend money in the future.”
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.