Braunstein v. McCabe’s Empirical Analysis
571 F.3d 108 · 2009
Citation profile
6 federal appellate · 14 district ·
How this case has been cited
Cited by 42 later decisions — most recently December 2023 · most notably Perry v. Blum (2010), Fire & Police Pension Ass'n v. Abiomed, Inc. (2015)
6 federal appellate · 14 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. § 105 · 11 U.S.C. § 1107 · 11 U.S.C. § 363 · 11 U.S.C. § 542 · 11 U.S.C. § 704 · 28 U.S.C. § 157
Relies on MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al. · Pepper v. Litton · Local Loan Co. v. Hunt · United States v. Whiting Pools, Inc. · Granfinanciera, S.A. v. Nordberg
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[O]ur conclusion that there is no jury trial in a turnover action under § 542 is supported by analogy to court decisions under § 549 of the Bankruptcy Code, under which a trustee may avoid certain post-petition transfers. Courts have held that § 549 actions are equitable rather than legal and do not include a jury trial right.”
2 later decisions quote this exact passage“1) compare the statutory action to 18th-century actions brought in the courts of England prior to the merger of the courts of law and equity; 2) examine the remedy sought and determine whether it is legal or equitable in nature; and 3) decide whether Congress may assign and has assigned resolution of the relevant claim to a non-Article III adjudicative body that does not use a jury as factfinder.”
1 later decision quote this exact passagee.g. Weiss v. Lockwood“(1) in the course of [their] business, (2) supplied false information for the guidance of others (3) in their business transactions, (4) causing and resulting in pecuniary loss to those others (5) by their justifiable reliance on the information, and that he (6) failed to exercise reasonable care or competence in obtaining or communicating the information.”
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.