Guay v. Burack’s Empirical Analysis
677 F.3d 10 · 2012
Citation profile
11 federal appellate · 22 district · 3 state decisions
Relationships
Applies 11 U.S.C. § 521 · 11 U.S.C. § 541 · 11 U.S.C. § 727 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on General Electric Co. v. Joiner · State of New Hampshire v. State of Maine · Oneida Motor Freight, Inc. v. United Jersey Bank · Burnes III v. Pemco Aeroplex Inc · Intergen N.V. v. Grina
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] failure to identify a claim as an asset in a bankruptcy proceeding is a prior inconsistent position that may serve as the basis for application of judicial estoppel, barring the debtor from pursuing the claim in a later proceeding.”
3 later decisions quote this exact passage · from the majority“First, the estopping position and the estopped position must be directly inconsistent, that is, mutually exclusive.”
2 later decisions quote this exact passage · from the majority“The equitable doctrine of judicial estop-pel is ordinarily applied to prevent[ ] a litigant from pressing a claim that is inconsistent with a position taken by that litigant either in a prior legal proceeding or in an earlier phase of the same legal proceeding.” Where one succeeds in asserting a certain position in a legal proceeding, one may not assume a contrary position in a subsequent proceeding simply because one’s interests have changed. We have explained that, “[t]he doctrine’s primary utility is to safeguard the integrity of the courts by preventing parties from improperly manipulating the machinery of the justice system.””
1 later decision quote this exact passage · from the majoritye.g. In re Angelo
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.