Bash v. Textron Financial Corp.’s Empirical Analysis
834 F.3d 651 · 2016
Citation profile
6 state decisions
Relationships
Applies 11 U.S.C. § 541 · 11 U.S.C. § 544 · 11 U.S.C. § 550 · 11 U.S.C. § 551 · 28 U.S.C. § 157
Relies on Bell Atlantic Corp. v. Twombly · Swierkiewicz v. Sorema N. A. · Jones v. Bock · Pinter v. Dahl · Bateman Eichler, Hill Richards, Inc. v. Berner
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.
“if the agents responsible for the adverse conduct are the officers or directors of the principal and those officers or directors so dominated and controlled the principal that the principal had no separate mind, will, or existence of its own, then the officers and directors are deemed the alter egos of the principal and any malfeasance on their parts is directly attributable to the principal.”
2 later decisions quote this exact passage“look to the final decisions of that state's highest court, and if there is no decision directly on point, then [it] must make an Erie guess 1 to determine how that court, if presented with the issue, would resolve it.”
2 later decisions quote this exact passage“...[T]he common law in pari delicto defense, which derives from the Latin, in pari delicto potior est conditio defendentis, meaning in a case of equal or mutual fault...the position of the [defending] party...is the better one. This equitable defense is used to bar a plaintiff's recovery when the plaintiff bears at least substantially equal responsibility for the underlying illegality upon which the claim is based, in light of the policy that no Court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. The in pari delicto defense has repeatedly been used to bar the actions of bankruptcy trustees against third parties who participated in or facilitated wrongful conduct of the debtors.”
1 later decision quote this exact passage
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.