Ojeda v. Goldberg’s Empirical Analysis
599 F.3d 712 · 2010
Citation profile
6 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 523
Relies on Field v. Mans · Goldberg Securities, Inc. v. Scarlata · Foley & Lardner v. Biondo · In the Matter of Joseph J. Birkenstock and Generose M. Birkenstock, Debtors-Appellants · John Deere Co. v. Gerlach
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by— (A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition....”
3 later decisions quote this exact passage · from the majority“Justifiable reliance is a less demanding standard than reasonable reliance; it requires only that the creditor did not “blindly [rely] upon a misrepresentation the falsity of which would be patent to him if he had utilized his opportunity to make a cursory examination or investigation.” Field, 516 U.S. at 71 , 116 S.Ct. 437 (internal quotation marks omitted). Under the justifiable reliance standard, a creditor has no duty to investigate unless the falsity of the representation would have been readily apparent. Id. at 70-71 , 116 S.Ct. 437 . But the justifiable reliance standard is not an objective one. Rather, it is determined by looking at the circumstances of a particular case and the characteristics of a particular plaintiff.”
2 later decisions quote this exact passage · from the majority“In determining whether a forbearance is fraudulently induced, the creditor must prove that “ ‘[1] it had valuable collection remedies at the time of the misrepresentation, [2] it did not exercise those remedies based upon the misrepresentation, and [3] that the remedies lost value during the extension period.’ ” In re Kucera, 373 B.R. 878, 885 (Bankr.C.D.Ill.2007) (quoting In re Beetler, 368 B.R. 720, 730-31 (Bankr.C.D.Ill.2007)).”
1 later decision 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.