Resolution Trust Corp. v. Fleischer’s Empirical Analysis
1993
Citation profile
2 federal appellate · 6 district · 6 state decisions
Relationships
Applies 12 U.S.C. § 1821
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Conley v. Gibson · Scheuer v. Rhodes · Gregory v. United States
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This case involves a suit brought by plaintiff RTC alleging various causes of action against former directors and officers of [Franklin]. Tbe claims asserted by the RTC against the defendants are various state law causes of action arising out of a series of transactions involving tax-exempt revenue bonds known as credit-enhancement projects and alleged losses sustained through various broker-dealer subsidiaries of [Franklin]. All of the RTC’s state law claims are based on theories of simple negligence or negligent breach of fiduciary duty. The RTC does not allege any breach of the duty of loyalty, any willful or wanton or grossly negligent breach of the duty of care, any criminal violation of the Kansas savings and loan code, or any improper personal benefit from any transaction. All of the RTC’s claims arise from actions taken by defendants prior to tire time the RTC was appointed conservator on February 15, 1990.” (Emphasis added.)”
1 later decision quote this exact passage · from the majority“[v]irtually every court that has addressed this issue, in whatever guise the defendants raised it, has held that the fact that a regulatory body — even the eventual plaintiff — acquired knowledge of the wrong and possessed certain power over the institution, including the ability to request director resignations, does not negate the [doctrine] or constitute, standing alone, the necessary cessation of domination....”
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.