Lewis v. Scott’s Empirical Analysis
97 F.3d 1182 · 1996
Citation profile
19 federal appellate · 10 district ·
How this case has been cited
Cited by 146 later decisions — most recently June 2020 · most notably Foley & Lardner v. Biondo (1999), Cochrane Tudor Oaks Limited Partnership v. Cochrane (1997)
19 federal appellate · 10 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
Relies on Anderson v. Liberty Lobby, Inc. · Davis v. Aetna Acceptance Co. · Taylor v. List · Department of Revenue of Montana v. Ranch · Irving Trust Company v. Bowditch
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 146 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Defalcation is defined as the “misappropriation of trust funds or money held in any fiduciary capacity; [the] failure to properly account for such funds.” Under section 523(a)(4), defalcation “includes the innocent default of a fiduciary who fails to account fully for money received.” ... An individual may be liable for defalcation without having the intent to defraud.”
19 later decisions quote this exact passage · from the majority“[T]he fiduciary relationship must be one arising from an express or technical trust that was imposed before and without reference to the wrongdoing that caused the debt.”
6 later decisions quote this exact passage · from the majority“(a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt— (4) for fraud or defalcation while acting in a fiduciary capacity____;”
4 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.