13 244 70619 Gorski Kirschenbaum’s Empirical Analysis
Citation profile
1 federal appellate · 3 district ·
How this case has been cited
Cited by 36 later decisions — most recently November 2017 · most notably In Re Mailman Steam Carpet Cleaning Corp, Yadkin Valley Bank & Trust Co. v. McGee (1993)
1 federal appellate · 3 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
Relies on National Ass'n for the Advancement of Colored People v. Federal Power Commission · Mosser v. Darrow · Cochise College Park Inc Hall v. Perry B-72-393 Phx Wpc · Morrissey v. Curran · In the Matter of Roy M. Johnson, Debtor. Otey Johnson, Individually and as Trustee v. Gordon D. Clark, the First National Bank and Trust Company of Muskogee (Trustee in Succession Ofthe Roy M. Johnson Trust) v. Gordon D. Clark
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.
“Appellant’s other principal argument to us on this point is based upon his heavy caseload. But surely, that Kirschenbaum administers some 900 similar plans, as he alleges, does not relieve him from his court-appointed duties. If appellant finds that his heavy caseload makes it difficult properly to carry out his duties as a trustee, the solution is for him to take fewer eases. There is no question that a trustee in bankruptcy may be held personally liable for breach of his fiduciary duties. Mosser v. Darrow, 341 U.S. 267 , 71 S.Ct. 680 , 95 L.Ed. 927 (1951). Such liability may attach as the result of negligent, as well as knowing or intentional, breaches. In re Cochise College Park, Inc., 703 F.2d 1339, 1357 (9th Cir.1983); cf. Morrissey v. Curran, 650 F.2d 1267, 1282 (2d Cir.1981).”
3 later decisions quote this exact passage“the usual case, a surcharge is imposed [by the bankruptcy court] on the fiduciary in the amount of the actual or estimated financial harm suffered by either the creditors or the estate and is payable accordingly.”
1 later decision quote this exact passagee.g. Lebovits v. Scheffel
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.