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← 79 F.3d 393 - United States Abatement Corporation Usa United States Abatement Corporation Usa v. Mobil Exploration and Producing US Inc

United States Abatement Corporation Usa United States Abatement Corporation Usa v. Mobil Exploration and Producing US Inc’s Empirical Analysis

79 F.3d 393 · 1996

Citation profile

71
cited by 71 later decisions
2
states following
January 2024
most recently cited

23 federal appellate · 3 state decisions

How this case has been cited

Cited by 71 later decisions — most recently January 2024 · most notably National Gypsum Company Insurance Company of North America v. Ngc Settlement Trust & Asbestos Claims Management Corporation (1997), T-H New Orleans Limited Partnership Financial Security Assurance Inc v. T-H New Orleans Limited Partnership (1997)

23 federal appellate · 3 state decisions

3301996200020102020decided

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 Matter of Wood v. P Wood & Pa · Equitable Life Assurance Society v. Sublett · Lee v. Schweiker · Briscoe Enterprises Ltd II Heartland Federal Savings Loan Association v. Briscoe Enterprises Ltd II Regalridge Apartments · Ashland Petroleum Co. v. Appel

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

  1. “'allows a defendant to reduce the amount of a plaintiff's claim by asserting a claim against the plaintiff which arose out of the same transaction to arrive at a just and proper liability on the plaintiff's claim.'”
    2 later decisions quote this exact passage · from the majority
  2. “The justification for the recoupment doctrine is that “where the creditor’s claim against the debtor arises fivm the same transaction as the debtor’s claim, it is essentially a defense to the debtor’s claim against the creditor....” We have held that the trustee of a bankruptcy estate “takes the property subject to the rights of recoupment.” In other words, to the extent that a party is entitled to recoupment of funds, “the debtor has no interest in the funds.””
    1 later decision quote this exact passage · from the majority
  3. “setoff is asserted for the purpose of reducing or extinguishing a creditor’s claim against the debtor when “the mutual debt and claim contemplated are generally those arising from different transaction.... Recoupment, on the other hand, is the setting up of a demand arising from the same transaction as the plaintiffs claim or cause of action, strictly for the purpose of abatement or reduction of such claim.””
    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.