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← 736 F.3d 70 - Daniels v. Agin

Daniels v. Agin’s Empirical Analysis

736 F.3d 70 · 2013

Citation profile

20
cited by 20 later decisions
August 2018
most recently cited

5 federal appellate · 6 district ·

Appellate journey

reviewedthe decision below (from Massachusetts District Court)

Relationships

Applies 11 U.S.C. § 522 · 11 U.S.C. § 727 · 26 U.S.C. § 401 (Self-Employed Individuals Tax Retirement Act of 1962) · 28 U.S.C. § 158 · 29 U.S.C. § 1056 (§ 206 of the Employee Retirement Income Security Act of 1974)

Relies on Welch v. Helvering · Pioneer Investment Services Company v. Brunswick Associates Limited Partnership · United States v. Zannino · Boroff v. Tully · Desmond v. Varrasso

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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “If a party fails to properly sup-port an assertion of fact or fails to properly address another party's. assertion of fact as required by Rule 65(c), the court may ..; consider the fact undisputed for purposes of the motion.” See Fed, R, Civ. P. 56(e)(2). "A dispute is genuine if a reasonable factfinder could resolve the point in favor of the non-moving party [and a] fact is material if it could affect the outcome of the suit under governing law.”
    1 later decision quote this exact passage · from the majority
  2. ““In our opinion, the form of the plan identified above is acceptable under Section 401 of the Internal Revenue Code for use by employers for the benefit of their employees. This opinion relates only to the acceptability of the form of the plan under the Internal Revenue Code. It is not an opinion of the effect of the other Federal or local statutes.””
    1 later decision quote this exact passage · from the majority
  3. “More importantly, relying on the advice of one’s fully-informed attorney in reporting assets may negate an inference of fraud or intentional concealment, but only if it is not “transparently plain that the property [in question] should be scheduled.””
    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.