Busey v. Fleming (In Re Fleming)’s Empirical Analysis
1980
Citation profile
3 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 727 · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on Beacon Theaters Inc v. C Westover · Dairy Queen, Inc. v. Wood · Curtis v. Loether · Ross v. Bernhard · Katchen v. Landy
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Except as provided in subsection (b) of this section, this chapter [28 USCS §§ 1471 et seq.] and title 11 do not affect any right to trial by jury, in a case under title 11 or in a proceeding arising under title 11 or arising in or related to a case under title 11, that is provided by any statute in effect on September 30, 1979.”
3 later decisions quote this exact passage · from the majority“Monetary relief may flow from an equitable claim without acquiring a legal character.”
2 later decisions quote this exact passage · from the majority“(i)n those cases, legal and equitable claims were presented for which both legal and equitable relief were sought. Here a money judgment is sought as an alternative remedy on a claim and in a proceeding that is clearly equitable in nature. . . . * * * * * * The trustee here seeks to recover not damages but assets which he alleges are wrongfully withheld from the estate. The money judgment is an integral part of the equitable relief he seeks. Furthermore, the claim itself is equitable in nature. Hence, we conclude that the defendant has no right to a jury trial on this issue.”
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.