Commodity Futures Trading Commission v. Heritage Capital Advisory Services, Ltd.’s Empirical Analysis
736 F.2d 384 · 1984
Citation profile
12 federal appellate · 1 district · 6 state decisions
How this case has been cited
Cited by 36 later decisions — most recently May 2019 · most notably United States v. Alisal Water Corp. (2004), Keith v. Daley (1985)
12 federal appellate · 1 district · 6 state decisions
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
Relies on National Ass'n for the Advancement of Colored People v. New York · Yumich v. City of Chicago · United States v. The Board Of School Commissioners Of The City Of Indianapolis · Wade v. Goldschmidt · Central States, Southeast & Southwest Areas Health & Welfare Fund v. Old Security Life Insurance
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[n]ow that Millennium is without counsel, it has become necessary for [the] Liquidator to intervene to protect the interests of the estate against certain investors.” (R. 203-1; Liquidator's Petition for Leave to Intervene at 10.) In his reply brief, however, the Liquidator distances himself from this argument by clarifying that Millennium's counsel's withdrawal is only relevant "because it (1) coincided with the discovery that Millennium possessed assets that belong to the Fund, (2) triggered ZCM to file its Motion for Default Judgment ... and (3) removed any question that Millennium adequately protects the Official Liquidator's interests.” (R. 224-1; Liquidator’s Reply at 5.) . ZCM argues that adjudicating the default judgment without the Liquidator would not impair the Liquidator's interests because an alternate forum is available for the Liquidator to pursue his claims against Millennium and Reims. According to ZCM, the Liquidator has already filed claims against Millennium and Reims in the Bahamas. Although an alternate forum may exist, "where a proposed intervenor's interest will be prejudiced if it does not participate in the main action, the mere availability of alternative forums is not sufficient to justify denial of a motion to intervene.”
3 later decisions quote this exact passage“(1) the motion must be timely; (2) the proposed intervenor must claim an interest relating to the property or transaction at issue; (3) the disposition of the action, as a practical matter, may impair or impede the ability to protect that interest; (4) that interest is not adequately represented by existing parties.”
1 later decision quote this exact passagee.g. Davila v. Arlasky“Failure to satisfy even one of these requirements is sufficient to warrant denial of a motion to intervene as a matter of right, [citation omitted]”
1 later decision quote this exact passagee.g. Davila v. Arlasky
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.