Atherton v. Federal Deposit Insurance Corp.’s Empirical Analysis
1997
Citation profile
203 federal appellate · 69 district · 43 state decisions
How this case has been cited
Cited by 563 later decisions (7 by the Supreme Court) — most recently December 2024 · most notably Burlington Industries, Inc. v. Ellerth (1998), Camps Newfound/Owatonna, Inc. v. Town of Harrison (1997)
203 federal appellate · 69 district · 43 state decisions — followed in 12 states
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.
Appellate journey
reviewedthe decision below (from Third Circuit Court of Appeals)
Relationships
Applies 12 U.S.C. § 1441A · 12 U.S.C. § 1462A · 12 U.S.C. § 1464 (Consumer Home Mortgage Assistance Act of 1974) · 12 U.S.C. § 1821 · 12 U.S.C. § 21 · 28 U.S.C. § 1292
Relies on Erie Co v. Tompkins · M'Culloch v. State of Maryland · United States 77-1359 v. Kimbell Foods Inc · United States v. Detroit Timber & Lumber Co. · Osborn v. President Directors and Company of the Bank of the United States
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 563 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“cases in which judicial creation of a special federal rule would be justified ... are ... few and restricted,”
20 later decisions quote this exact passage · from the majority“'federal common law' in the strictest sense, i.e., a rule of decision that amounts, not simply to an interpretation of a federal statute ... but, rather, to the judicial 'creation' of a special federal rule of decision.”
5 later decisions quote this exact passage · from the majority“(k) Liability of directors and officers A director or officer of an insured depository institution may be held personally liable for monetary damages in any civil action by, on behalf of, or at the request or direction of the Corporation, which action is prosecuted wholly or partially for the benefit of the Corporation — • (l) acting as conservator or receiver of such institution, (2) acting based upon a suit, claim, or cause of action purchased from, assigned by, or otherwise conveyed by such receiver or conservator, or (3) acting based upon a suit, claim, or cause of action purchased from, assigned by, or otherwise conveyed in whole or in part by an insured depository institution or its affiliate in connection with assistance provided under section 1823 of this title, for gross negligence, including any similar conduct or conduct that demonstrates a greater disregard of a duly of care (than gross negligence) including intentional tortious conduct, as such terms are defined and determined under applicable State law. Nothing in this paragraph shall impair or affect any right of the Corporation under other applicable law.”
4 later decisions quote this exact passage · from the dissent
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.