Todd v. Richmond’s Empirical Analysis

Citation profile

1 federal appellate · 3 district ·

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

1. “The central substantive issues do not implicate important public policy problems for Kansas, do not present complex questions or interpretation disputes of Kansas insurance law, do not require significant familiarity with local regulatory facts and policies, do not require the court to review the decisions of the liquidator or the liquidation court, and do not appear to even be governed by Kansas law. The case can be decided without undermining the liquidator’s control of NCIC and the liquidator’s equitable distribution powers over the estate, without subjecting the liquidator to expensive, time-consuming and expansive litigation in multiple forums outside of the liquidation proceeding, and without disrupting the state’s establishment of a coherent policy for liquidation proceedings.”

   2 later decisions quote this exact passage · from the majority
   e.g. Todd v. Richmond · 861 F. Supp. 1531 - Todd v. DSN Dealer Service Network, Inc.

2. “Several propositions emerge from NOPSI which rein in Burford abstention and call into question the broader applications of this doctrine in prior case law. Burford abstention is not required just because complex state administrative processes exist. NOPSI, 491 U.S. at 362 , 109 S.Ct. at 2515. While it rests on the concern that federal courts not unduly intrude into state governmental processes, Burford abstention is not required in all cases having the “ ‘potential for conflict’ with state regulatory law or policy.” NOPSI, 491 U.S. at 362 , 109 S.Ct. at 2515 (quoting Colorado River, 424 U.S. at 816 , 96 S.Ct. at 1245 ). In other words, the doctrine “requires more than a desire to avoid every inconvenience to or disruption of a state’s regulatory systems.” Fragoso [v. Lopez], 991 F.2d [878] at 885 [(1st Cir. 1993)]; see University of Maryland v. Peat Marwick Main & Co., 923 F.2d [265] at 272 [(3d Cir.1991)] (citing Erwin Chemerinsky, Federal Jurisdiction 111-12 (Supp.1990)). Finally, careful attention is given to whether the exercise of federal jurisdiction would frustrate the state’s regulatory efforts to maintain the desired uniform treatment of matters distinctively local in nature. NOPSI, 491 U.S. at 362-64 , 109 S.Ct. at 2515-16. In short, NOPSI is the shot across the bow warning courts against extending Burford and causing courts to question the directions offered by pre-NOPSI precedent. University of Maryland v. Peat Marwick Main & Co., 923 F.2d at 273; see Fragoso v. L”

   1 later decision quote this exact passage · from the majority
   e.g. 861 F. Supp. 1531 - Todd v. DSN Dealer Service Network, Inc.

3. “The defendant first argues that element three is not met because the Insurance Commissioner as receiver or liquidator is an agent of the court and the Kansas insurance law scheme for liquidation creates something resembling a judicial structure more than an administrative agency. See Fragoso v. Lopez, 991 F.2d 878, 883 (1st Cir.1993). The defendant also maintains that no administrative agency order is before the court for review in this case. See Bradford v. Moench, 809 F.Supp. 1473, 1478 (D.Utah 1992). Both arguments have merit, but not enough for the court to rest its ruling on.”

   1 later decision quote this exact passage · from the majority
   e.g. 861 F. Supp. 1531 - Todd v. DSN Dealer Service Network, Inc.