Marshall v. Stern’s Empirical Analysis
600 F.3d 1037 · 2010
Citation profile
6 federal appellate · 4 district · 1 state decisions
Relationships
Applies 11 U.S.C. § 523 · 11 U.S.C. § 541 · 28 U.S.C. § 1291 · 28 U.S.C. § 1334 · 28 U.S.C. § 151 (Bankruptcy Amendments) · 28 U.S.C. § 157 · 28 U.S.C. § 1738
Relies on Grogan v. Garner · Allen v. McCurry · Northern Pipeline Construction Co. v. Marathon Pipe Line Co. · United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. · 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The 1984 Act does not specifically detail what it means for a civil proceeding to “arise under title 11,” “arise in a case under title 11,” “or relate [] to a case under title 11.” Our case law, however, holds that proceedings “arise under title 11” if they “involve a cause of action created or determined by a statutory provision of title 11.” In re Harris, 590 F.3d [730, 737 (9th Cir.2009) ]. On the other hand, civil proceedings “arise in a case under title 11” when they are “not based on any right expressly created by title 11, but nevertheless, would have no existence outside of the bankruptcy.” In re Easport [Eastport] Assocs., 935 F.2d 1071 , 1076-77 (9th Cir.1991) (quoting In re Wood, 825 F.2d 90 , 96-97 (5th Cir.1987); see In re Harris, 590 F.3d at 737.) [FN.25]. 5 Like the Fourth, Fifth and Eight Circuit Courts of Appeals, we adopted without modification the Third Circuit’s definition of what constitutes a “related” proceeding: The usual articulation of the test for determining whether a civil proceeding is related to bankruptcy is whether the outcome of the proceeding could conceivably have any effect on the estate being administered in bankruptcy. ... An action is related to bankruptcy if the outcome could alter the debtor’s right, liabilities, options, or freedom of action (either positively or negatively) and which in any way impacts upon the handling and administration of the bankrupt estate. In re Fietz, 852 F.2d 455 , 457 (9th Cir. 1988) (quoting Pacor, Inc. v.”
2 later decisions quote this exact passage · from the concurrence“[sjection 157(b)(5) provides that '[t]he district court shall order that personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose.’ ” Pierce asserted that his defamation claim was a”
2 later decisions quote this exact passage · from the concurrence“the parties agreed that there [were] no sanctions issues ... on appeal” and because”
2 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.