Cunningham v. Ayers’s Empirical Analysis
921 F.2d 585 · 1991
Citation profile
5 federal appellate · 1 district ·
How this case has been cited
Cited by 21 later decisions — most recently June 2015
5 federal appellate · 1 district ·
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. § 455
Relies on In re Beard · In re Echeles · In Re Derryberry · In Re Heard
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Disbarment proceedings are not for the purpose of punishment, but rather seek to determine the fitness of an official of the court to continue in that capacity and to protect the courts and the public from the official ministration of persons unfit to practice.' ") (quoting In re Derryberry, 72 B.R. 874, 881 (Bankr.N.D.Ohio 1987)). As we recently restated the matter in Dailey v. Vought Aircraft Co., 141 F.3d 224 (5th Cir.1998), "disbarment is intended to protect the public”
4 later decisions quote this exact passage · from the majority“The Bankruptcy Code grants the bankruptcy court broad authority to: issue any order, process or judgment that is necessary or appropriate to carry out the provisions of this title. No provision of this title ... shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process. 11 U.S.C. § 105 (a). The purpose of the bankruptcy court’s order excluding the appellant from the eleventh floor of the O’Neill building was to prevent the disruption of judicial proceedings that was threatened by Mourad’s behavior. Given that more drastic orders have been upheld under the bankruptcy court’s § 105 powers to protect the orderly administration of justice, Chief Judge Ken-ner’s order seems to fall well within the bankruptcy court’s general authority, particularly since the appellant was still able to make filings and inquiries with the court by mail or telephone....”
1 later decision quote this exact passage · from the majority“We find it unnecessary to go into much factual detail. The record makes clear that Judge Ayers considered Cunningham’s actions to be a personal affront to his authority. Judge Ayers stated that he was “prejudiced in this matter,” that he had “all but made up [his] mind” as to what he was going to do in the case; that he was “not in the least inclined to be neutral;” and that he was serving as “complaining witness, prosecutor, judge, jury, and executioner” in the case. Reviewing Judge Ayers’ decision not to recuse himself under an abuse of discretion standard, we find that Judge Ayers’ statements are such that a reasonable person would have a reasonable basis for questioning Judge Ayers’ impartiality in the contempt proceeding.”
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.