Leckey v. Stefano’s Empirical Analysis
501 F.3d 212 · 2007
Citation profile
2 federal appellate · 2 district ·
How this case has been cited
Cited by 17 later decisions — most recently May 2024
2 federal appellate · 2 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 11 U.S.C. § 541 · 26 U.S.C. § 401 (Self-Employed Individuals Tax Retirement Act of 1962) · 26 U.S.C. § 402 · 26 U.S.C. § 7805 · 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 29 U.S.C. § 1054 (§ 204 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1055 (§ 205 of the Employee Retirement Income Security Act of 1974)
Relies on Firestone Tire and Rubber Company v. Bruch · Massachusetts Mutual Life Insurance v. Russell · Varity Corporation v. Howe · Mertens v. Hewitt Associates · Great-West Life & Annuity Insurance v. Knudson
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]hen the question whether the trustee has committed a breach of trust depends not upon the extent of his powers and duties, but upon whether he has acted with proper care or caution, the mere fact that he has made a mistake of fact or law in the exercise of his powers or performance of his duties does not render him liable for breach of trust. In such a case he is liable for breach of trust if he is negligent, but not if he acts with proper care and caution.”
1 later decision quote this exact passage · from the majority“where [a trustee] interprets the trust instrument as authorizing him to do acts which the court determines he is not authorized by the instrument to do ... he is not protected from liability merely because he acts in good faith, nor is he protected merely because he relies upon the advice of counsel____ If he is in doubt as to the interpretation of the instrument, he can protect himself by obtaining instructions from the court.”
1 later decision quote this exact passage · from the majority“Ordinarily a trustee does not commit a breach of trust if he does not intentionally or negligently do what he ought not to do or fail to do what he ought to do ... [h]e may, however, commit a breach of trust where he is not personally at fault, as where he acts under a mistake of law or fact....”
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.