Apte v. Japra’s Empirical Analysis
96 F.3d 1319 · 1996
Citation profile
10 federal appellate · 1 district ·
How this case has been cited
Cited by 72 later decisions — most recently May 2019 · most notably McClellan v. Cantrell (2000), Cowen v. Kennedy (1997)
10 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 11 U.S.C. § 523
Relies on Grogan v. Garner · Affiliated Ute Citizens of Utah v. United States · Starnes v. Penrod Drilling Co. · Field v. Mans · Lombard v. Marcera
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) that the debtor made ... representations; (2) that the debtor knew were false when made; (3) that the debtor made the representations with the intention and purpose of deceiving the creditor; (4) that the creditor relied on such representations; and (5) that the creditor sustained the alleged loss and damage as the proximate result of the misrepresentations having been made.”
9 later decisions quote this exact passage · from the majority“(1) One who fails to disclose to another a fact that he knows may justifiably induce the other to act or refrain from acting in a business transaction is subject to the same liability to the other as though he had represented the nonexistence of the matter that he has failed to disclose, if, but only if, he is under a duty to the other to exercise reasonable care to disclose the matter in question.”
4 later decisions quote this exact passage · from the majority““Under the circumstances of this case, involving primarily a failure to disclose, positive proof of reliance is not a prerequisite to recovery. All that is necessary is that the facts withheld be material.... This obligation to disclose and this withholding of a material fact establish the requisite element of causation in fact.””
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.