Guercio v. Brody’s Empirical Analysis

Citation profile

15 federal appellate · 1 district · 1 state decisions

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

1. “[m]embers of the judicial, legislative, and executive branches routinely engage in the task of hiring and firing confidential personnel.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Frank Perry v. Alvin T. Croucher · Guercio v. Brody

2. “The facts of this case, as alleged in the complaint and affidavits of record, lead us through an unfortunate chapter in the history of the U.S. Bankruptcy Court for the Eastern District of Michigan — a period in which Ms. Guereio asserts that she played a central role in exposing corruption in the Bankruptcy Court. According to the allegations, Guereio was hired in January 1979 by Judge Bro-dy to serve as his secretary. From October 1979 through June 1981, Guereio made various disclosures concerning corruption in the Bankruptcy Court. She revealed, for example, that the Bankruptcy Court’s system of random case assignments was being manipulated. These disclosures eventually led to the resignation of a bankruptcy judge as well as the criminal convictions of an attorney and bankruptcy court clerk. As part of this chain of events resulting from her disclosures, Guereio alleges that the Judicial Council of the Sixth Circuit intervened and placed the Bankruptcy Court in virtual receivership. The Judicial Council stated in an order dated May 6, 1981: The Council concludes that the effective and expeditious administration of the business of the courts within this circuit requires that the administration of the Bankruptcy Court for the Eastern District of Michigan be placed under the supervision of the United States District Court for the Eastern District of Michigan. Such supervision should include the oversight of the general operation of the Bankruptcy Court Clerk’s Office, the app”

   1 later decision quote this exact passage · from the majority
   e.g. Guercio v. Brody

3. “). The Stump test requires us to determine 1) whether the act or function is one normally performed by a judge, and 2) the expectations of the parties, i.e., whether the parties dealt with the judge in her judicial capacity. Id. at 362. We applied the Stump test in Guercio, a case involving two federal judges who had participated in the firing of a confidential secretary. We determined that the firing of a confidential secretary was not the”

   1 later decision quote this exact passage · from the majority
   e.g. Norman C. Hadad v. Alvin T. Croucher