Parker v. Handy’s Empirical Analysis
624 F.3d 19 · 2010
Citation profile
2 federal appellate · 4 district ·
Relationships
Applies 11 U.S.C. § 524
Relies on Pennoyer v. Neff · United States v. Zannino · John Roller v. Stephen Holly · Pennington v. Fourth National Bank of Cincinnati · Boswell's Lessee v. Otis
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It does not follow that Parker has stated a claim in rem. He concedes that he did not obtain a lien, attachment, or provisional remedy. He does not argue that the state district court exercised control over Handy’s residence. Parker argues only that he can maintain an in rem claim because he requested a constructive trust. No Maine case supports this argument and our view, like that of the BAP, is that Parker’s request for a constructive trust did not of itself give rise to a cause of action in rem. Constructive trusts are not substantive rights that confer a cause of action; they are remedial devices employed by courts once liability is found and where equity requires. Without more, Parker cannot transform a request for a remedy in rem into a cause of action in rem. It follows that before Handy’s bankruptcy petition, Parker’s unsuccessful claims against Handy were only in personam.”
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.