In the Matter of Thomas v. Cassidy, Debtor-Appellant’s Empirical Analysis
1990
Citation profile
7 federal appellate · 5 district · 28 state decisions
How this case has been cited
Cited by 184 later decisions — most recently September 2024 · most notably Data General Corp. v. Johnson (1996), Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.) (1999)
7 federal appellate · 5 district · 28 state decisions — followed in 13 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Davis v. Wakelee · United States v. International Building Co. · Scarano v. Central R. Co. of New Jersey · Edwards v. Aetna Life Insurance · Francine Klingman v. Melvin E. Levinson
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 184 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Judicial estoppel is a doctrine intended to prevent the perversion of the judicial process. [Citation.] It is to be applied where 'intentional self-contradiction is being used as a means of obtaining unfair advantage in a forum designed for suitors seeking justice,’ [citation], to prevent litigants from 'playing fast and loose with the courts.’ [Citation.] 'Where a party assumes a certain position in a legal proceeding, and succeeds in maintaining that position, he may not thereafter, simply because his interests have changed, assume a contrary position.’ [Citation.] The doctrine of estoppel is intended to protect the courts rather than the litigants ***.” In re Cassidy (7th Cir. 1990), 892 F.2d 637, 641 . 2”
14 later decisions quote this exact passage · from the majority“[T]o be estopped [a party must] have convinced the court to accept its position in the earlier litigation. A party is not bound to a position it unsuccessfully maintained.”
4 later decisions quote this exact passage · from the majority“[D]icta [is] that portion of an opinion not entitled to the full weight usually given judicial decisions, including any portion not necessary to the outcome of the case. The portion of the Cassidy I which concerned the dischargeability of the debt was, unfortunately, dicta.”
3 later decisions 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.