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← 579 F.2d 289 - McMillan McMillan Freedom Finance Co Inc

McMillan McMillan Freedom Finance Co Inc’s Empirical Analysis

Citation profile

126
cited by 126 later decisions
7
states following
October 2016
most recently cited

6 district · 11 state decisions

How this case has been cited

Cited by 126 later decisions — most recently October 2016 · most notably In the Matter of Gerald J. Ross, Also Known as Jerry Ross, Bankrupt. Gerald J. Ross (1979), Porter Hayden Co. v. Bullinger (1998)

6 district · 11 state decisions

72019701980199020002010decided

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 Townsend v. Sain · Fay v. Noia · Riehle v. Margolies · In the Matter of William Albert Talor, AKA William A. Taylor, Bankrupt Public Finance Corporation of Redlands v. William A. Taylor · Samuel A. Haize, D/B/A "Marlene Store" v. Hanover Insurance Co. And Caribbean Atlantic Insurance

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

  1. “(1) the issue sought to be precluded must be the same as that involved in the prior action; (2) that issue must have been actually litigated; (3) it must have been determined by a valid and final judgment; and (4) the determination must have been essential to the prior judgment.”
    29 later decisions quote this exact passage · from the majority
  2. “. . . necessarily defeat a major federal policy of granting exceptions to discharge only in certain circumstances specified by the [B]ankruptcy Act. . . . The court also wishes to point out that creditors should not be encouraged to go into state courts prior to bankruptcy seeking default judgments based upon fraud. Such a circumstance would create an injustice greater than that which the 1970 amendments were intended to cure.”
    3 later decisions quote this exact passage · from the majority
  3. “When an issue of fact or law is actually litigated and determined by a valid and final judgment, and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the parties, whether on the same or a different claim.”
    3 later decisions quote this exact passage · from the concurrence

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.