Gentry v. Siegel’s Empirical Analysis

Citation profile

3 federal appellate ·

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.

1. “Creditors may file proofs of claims for themselves and as putative agents for members of a class who are similarly situated. But such class proofs of claim serve their function only on a conditional basis. If the court approves class representation, the approval will function retroactively to legitimize the class proof of claim, but if the court rejects such representation, the putative class members will have to file individual proofs of claim.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Motors Liquidation Co.

2. “This is not to say, however, that a class action in a bankruptcy case can never be superior. Each bankruptcy case must be assessed on a case-by-case basis to determine whether allowing a class action to proceed would be superior to using the bankruptcy claims process.”

   1 later decision quote this exact passage · from the majority
   e.g. James v. Truland Group, Inc. (In re Truland Group, Inc.)

3. “In the absence of some prohibiting rule or principle, the Bankruptcy Rules should be construed ... to allow Civil Rule 23 to be applied if doing so would result in a more practical and efficient process for the adjudication of claims.”

   1 later decision quote this exact passage · from the majority
   e.g. Taylor v. Allied Title Lending, LLC (In re Taylor)