Selenberg v. Bates’s Empirical Analysis
856 F.3d 393 · 2017
Citation profile
Relationships
Applies 11 U.S.C. § 523
Relies on Grogan v. Garner · In the Matter of Michael VAN HORNE. Margaret CASPERS, Appellee, v. Michael VAN HORNE, Appellant · Husky International Electronics, Inc. v. Ritz · RecoverEdge L.P. v. Pentecost · Constance Mercer At&t Universal Card Services v. Constance P Mercer
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 debtor made the representation; (2) at the time they were made the debtor knew they were false; (3) the debtor made the representations with the intention and purpose to deceive the creditor; (4) that the creditor relied on such representations; and (5) that the creditor sustained losses as a proximate result of the representations.”
2 later decisions quote this exact passage · from the majority“When one has a duty to speak, both concealment and silence can constitute fraudulent misrepresentation; an overt act is not required.”
2 later decisions quote this exact passage · from the majority“reckless disregard for the truth or falsity of a statement combined with the sheer magnitude of the resultant misrepresentation.”
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.