Federal Deposit Insurance v. Bachman’s Empirical Analysis
894 F.2d 1233 · 1990
Citation profile
11 federal appellate · 3 district · 6 state decisions
How this case has been cited
Cited by 27 later decisions — most recently June 2021 · most notably Jones v. Runyon (1996), New Jersey Citizen Action v. Riviera Motel Corp. (1997)
11 federal appellate · 3 district · 6 state decisions
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
Applies 28 U.S.C. § 2415 (Indian Claims Limitation Act of 1982)
Relies on In re Disbarment of Sacco · Ohio v. Gallagher · K-B Trucking Company v. Riss International Corporation · Malamud v. Sinclair Oil Corp. · Federal Deposit Insurance v. Petersen
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) A limited partner is liable to the partnership (1) for the difference between the limited partner’s contribution as actually made and that stated in the certificate as having been made, and (2) for any unpaid contribution that the limited partner agreed in the certificate to make in the future at the time and on the conditions stated in the certificate. (b) A limited partner holds as trustee for the partnership (1) specific property stated in the certificate as contributed by the limited partner, but that was not contributed or that has been wrongfully returned, and (2) money or other property wrongfully paid or conveyed to the limited partner on account of the limited partner’s contribution. (c) The liabilities of a limited partner as set out in this section can be waived or compromised only by the consent of all members; but a waiver or compromise does not affect the right of a creditor of a partnership, who extended credit or whose claim arose after the filing and before a cancellation or amendment of the certificate, to enforce such liabilities. (d) When a contributor has rightfully received the return in whole or in part of the capital of the person's contribution, the contributor is nevertheless liable to the partnership for a sum, not in excess of such return with interest, necessary to discharge its liabilities to all creditors who extended credit or whose claims arose before the return.”
1 later decision quote this exact passage · from the majority“§ 2415. Time for commencing actions brought by the United States (a) ... [EJxcept as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon any contract express or implied in law or fact, shall be barred unless the complaint is filed within six years after the right of action accrues .... (b) ... [E]xcept as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon a tort shall be barred unless the complaint is filed within three years after the right of action first accrues ....”
1 later decision quote this exact passage · from the majority“Standing pertains to suits brought by individuals or groups challenging governmental action which has allegedly prejudiced their interests. On the other hand, the real party in interest question is raised in those much rarer instances between private parties where a plaintiff's interest is not readily discernible.”
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.