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← 552 F.2d 1367 - Sherr v. Winkler

Sherr v. Winkler’s Empirical Analysis

552 F.2d 1367 · 1977

Citation profile

93
cited by 93 later decisions
1
states following
August 2019
most recently cited

18 federal appellate · 5 district · 1 state decisions

How this case has been cited

Cited by 93 later decisions — most recently August 2019 · most notably Cochise College Park Inc Hall v. Perry B-72-393 Phx Wpc (1983), In Re Mailman Steam Carpet Cleaning Corp

18 federal appellate · 5 district · 1 state decisions

41019771980199020002010decided

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

Relies on Caplin v. Marine Midland Grace Trust Co. of New York · National Ass'n for the Advancement of Colored People v. Federal Power Commission · Barton v. Barbour · Rogers v. Loether · Mosser v. Darrow

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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “a trustee in bankruptcy is not [to] be held personally liable unless he acts willfully and deliberately in violation of his fiduciary duties. A trustee in bankruptcy may be held liable in his official capacity and thus surcharged if he fails to exercise that degree of care required of an ordinarily prudent person serving in such capacity, taking into consideration the discretion allowed.”
    5 later decisions quote this exact passage · from the majority
  2. “(a) not liable, in any manner, for mistake in judgment where discretion is allowed, (b) liable personally only for acts determined to be willful and deliberate in violation of his duties and (c) liable, in his official capacity, for acts of negligence.”
    4 later decisions quote this exact passage · from the majority
  3. “... the liability here is not created by a failure to detect defalcations, in which case negligence might be required to surcharge the trustee, but is a case of a willful and deliberate setting up of an interest in employees adverse to that of the trust.”
    3 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.