Johnson v. Riebesell’s Empirical Analysis
586 F.3d 782 · 2009
Citation profile
4 federal appellate · 10 district · 2 state decisions
Relationships
Applies 11 U.S.C. § 523 · 28 U.S.C. § 1334 · 28 U.S.C. § 157 · 28 U.S.C. § 158 · 28 U.S.C. § 1961
Relies on Field v. Mans · Longo v. McLaren · Gullickson v. Brown · Porges v. Gruntal & Co. · Morrison v. Western Builders of Amarillo, Inc.
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) A discharge under section 727 ... of this title does not discharge an individual debtor from any debt— (2) for money, property, services ... to the extent obtained by- — • (A) false pretenses, a false representation, or actual fraud[.]”
5 later decisions quote this exact passage · from the majority“In determining whether a creditor’s reliance was justifiable, a court should therefore examine “the qualities and characteristics of the particular plaintiff, and the circumstances of the particular case, rather than [applying] a community standard of conduct to all cases.” Id. at 71 , 116 S.Ct. 437 (quotation omitted). Even under the “justifiable” test, however, the plaintiff must “use his senses” and at least make “a cursory examination or investigation” of the facts of the transaction before entering into it. Id. (quotation omitted). Moreover, this test “does not leave [objective] reasonableness irrelevant, for the greater the distance between the reliance claimed and the limits of the [objectively] reasonable, the greater the doubt about reliance in fact.” Id. at 76 , 116 S.Ct. 437 . In effect, “reasonableness goes to the probability of actual reliance.””
3 later decisions quote this exact passage · from the majority“[T]o establish a claim is nondischargeable under this subsection, the creditor must prove the following elements by a preponderance of the evidence: The debtor made a false representation; the debtor made the representation with the intent to deceive the creditor; the creditor relied on the representation; the creditor’s reliance was reasonable; and the debtor’s representation caused the creditor to sustain a loss. 20”
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.