Rollins v. Dwyer’s Empirical Analysis
666 F.2d 141 · 1982
Citation profile
16 federal appellate · 2 district ·
How this case has been cited
Cited by 28 later decisions — most recently January 2019 · most notably Gelb v. Royal Globe Insurance (1986), Amey, Inc. v. Gulf Abstract & Title, Inc. (1985)
16 federal appellate · 2 district ·
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
Applies 15 U.S.C. § 1601 (§ 102 of the Truth in Lending Act)
Relies on 359 So. 2d 154 - Welch v. Crown Zellerbach Corp. · 340 So. 2d 287 - Mitchell v. Bertolla · Quarles v. Lewis · Sosa v. Fite · Gerasta v. Hibernia National Bank
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Confirmation of Non-Exercise of Right to Cancel” is dated October 24, 1989. OMNB accepted the Gendron’s "Confirmation of Right to Cancel” prior to the expiration of the rescission period. This is a violation of 15 U.S.C. § 1635 (a), Reg. Z, section 226.23(c), and 9-A M.R.S.A. § 8-204[;] (3)OMNB disbursed loan funds to the Gen-drons before their right to rescind had expired. This is a violation of 15 U.S.C. § 1635 (a), Reg. Z, section 226.23(c), and 9-A M.R.S.A. § 8-204. Gendrons’ Memorandum at 7. 11 . Section 1635(b) states in pertinent part: When an obligor exercises his right to rescind ... any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor ... shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditor’s obligations under this section, the obligor shall tender the property to the creditor.... As part of the TILA Simplification Act of 1980, Congress added the following sentence to section 1635(b): “The procedures prescribed by this subsection shall apply except when otherwise ordered by a court”
1 later decision quote this exact passage · from the majority“The authority of the thing adjudged takes place only with respect to what was the object of the judgment. The thing demanded must be the same; the demand must be founded on the same cause of action; the demand must be between the same parties, and formed by them against each other in the same quality. 1”
1 later decision quote this exact passage · from the majoritye.g. Sider v. Valley Line“The state court cited this Court’s decision in Sosa ... as authority for relieving the obligors of the obligation of tendering the loan proceeds. In view of Gerasta v. Hibernia National Bank, 575 F.2d 580 (5th Cir.1978), the correctness of this ruling is doubtful, at best.”
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.