green
Positive treatment
Quoted verbatim 2×
9.4 score
G Cite
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 26 distinct citers.
discussed
Cited as authority (quoted)
Metzler v. Lanoue
even where part of an action remains undetermined, we treat an order as final if it is to be executed presently with the result that any later appeal would be futile
examined
Cited as authority (quoted)
Wagner v. Key Bank of Alaska
(4×)
once the bankruptcy petition has been filed, property rights belonging to the debtor under state law become assets of the estate.
discussed
Cited "see"
State v. Brett B.
See State v. McDonough , 205 Conn. 352 , 355, 533 A.2d 857 (1987) ("[if] a group of facts are relied upon for proof of an element of the crime it is their cumulative impact that is to be weighed in deciding whether the standard of proof beyond a reasonable doubt has been met and each individual fact need not be proved in accordance with that standard"), cert. denied, 485 U.S. 906 , 108 S.Ct. 1079 , 99 L.Ed.2d 238 (1988).
discussed
Cited "see"
LaChance v. Commissioner of Correction
See Breault v. Chairman of the Bd. of Fire Comm’rs of Springfield, 401 Mass. 26 , 31 (1987), cert. denied, 485 U.S. 906 (1988). 5 In considering the defendants’ appeal in LaChance I, “it was necessary to focus on LaChance’s Federal due process claims because LaChance would be entitled to damages under his § 1983 claims only if the defendants knowingly violated LaChance’s rights under the United States Constitution.” Cantell v. Commissioner of Correction, 475 Mass. 745, 755 (2016). 6 The judge who had decided the summary judgment motions had retired. 7 The “lodestar” figure is …
discussed
Cited "see"
Baldi v. Lynch (In Re McCook Metals, L.L.C.)
(2×)
See Koch Refining v. Farmers Union Central Exchange, Inc., 831 F.2d 1339 , 1343, 1348 (7th Cir.1987), cert. denied, 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988).
cited
Cited "see"
Baker v. Gray
See Breault v. Chairman of the Bd. of Fire Commrs. of Springfield, 401 Mass. 26, 31-32 (1987), cert. denied, 485 U.S. 906 (1988).
discussed
Cited "see"
Goodman v. Phoenix Container, Inc. (In Re DeMert & Dougherty, Inc.)
(2×)
See Koch Refining v. Farmers Union Central Exchange, Inc., 831 F.2d 1339, 1343 (7th Cir.1987), cert. denied, 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988) (“rights of action against officers, directors and shareholders of a corporation for breaches of fiduciary duties, which can be enforced by either the corporation directly or the shareholders derivatively before bankruptcy, become property of the estate which the trustee alone has the right to pursue after the filing of a bankruptcy petition”); Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Sa…
discussed
Cited "see"
Aetna Bank v. Dvorak
(2×)
See Koch Refining v. Farmers Union Central Exchange, Inc., 831 F.2d 1339, 1350-51 (7th Cir.1987), cert. denied, 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988).
discussed
Cited "see"
Keene Corp. v. Coleman (In Re Keene Corp.)
(2×)
Id. at 701 ; accord Koch Refining v. Farmers Union Central Exchange, Inc., 831 F.2d 1339, 1348-49 (7th Cir.1987), cert. denied, 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988).
discussed
Cited "see"
Tucker v. Resha
(2×)
See Breault v. Chairman of Bd. of Fire Comm'nrs of Springfield, 401 Mass. 26 , 513 N.E.2d 1277 , cert. den., 485 U.S. 906 , 108 S.Ct. 1078 , 99 L.Ed.2d 237 (1987); Anderson.
discussed
Cited "see"
Jensen v. Gunter
(2×)
See Cody v. Hillard, 830 F.2d 912, 919 (8th Cir.1987) (en banc) (CJ Lay dissenting) (courts should decline to rule on constitutional issues unless it is necessary), cert. denied, 485 U.S. 906 , 108 S.Ct. 1078 , 99 L.Ed.2d 237 (1988).
cited
Cited "see"
In Re David Larry Davis, Debtor. Charles A. Gower, Trustee v. Farmers Home Administration
See id.
cited
Cited "see"
C.H. v. Sullivan
Rhodes, 452 U.S. at 347-48 , 101 S.Ct. at 2400 ; see Cody v. Hillard, 830 F.2d 912, 914 (8th Cir.1987), cert. denied, - U.S. -, 108 S.Ct. 1078 , 99 L.Ed.2d 237 (1988).
discussed
Cited "see"
Walter D. Balla v. Idaho State Board of Corrections, Walter D. Balla v. Idaho State Board of Corrections
See Cody v. Hillard, 830 F.2d 912, 915 (8th Cir.1987) (en banc) (denial of pris *473 on officials’ Rule 60(b) motion reversed where officials acted in good faith and prison conditions did not violate the Constitution), ce rt. denied, — U.S. -, 108 S.Ct. 1078 , 99 L.Ed.2d 237 (1988); see also Whitley v. Albers, 475 U.S. 312, 319 , 106 S.Ct. 1078, 1084 , 89 L.Ed.2d 251 (1986) (“It is obduracy and wantonness, not inadvertence or error in good faith, that characterize the conduct prohibited by the Cruel and Unusual Punishments Clause, whether that conduct occurs in connection with establishi…
cited
Cited "see"
In Re John Paul White, Debtor, John Paul White v. Patricia Ann White
See Koch Refining v. Farmers Union Central Exchange, 831 F.2d 1339 , 1342 n. 3 (7th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988).
discussed
Cited "see, e.g."
Sofia Design & Development at South Brunswick, LLC v. D'Amore (In re D'Amore)
(2×)
See 335 B.R. at 620 ; see also In re Transcolor Corp., 296 B.R. 343, 361 (Bankr.D.Md.2003) (“Accordingly, whenever a cause of action ‘belongs’ to the debtor corporation, the trustee has the authority to pursue it in bankruptcy proceedings.” In re Ozark Restaurant Equipment Co., 816 F.2d 1222, 1224 (8th Cir.1987)); see also In re DeMert & Dougherty, Inc., 271 B.R. 821, 838 (Bankr.N.D.Ill.2001) (“Among those powers, the trustee may bring claims against the debtor’s fiduciaries.”) (citing See Koch Refining v. Farmers Union Central Exchange, Inc., 831 F.2d 1339, 1343 (7th Cir.1987), …
discussed
Cited "see, e.g."
Hutton v. Superintendent, Massachusetts Correctional Institution, Norfolk
Compare Breault v. Chairman of the Bd. of Fire Commrs. of Springfield, 401 Mass. 26, 33 (1987), cert, denied, 485 U.S. 906 (1988) (ministerial act); Dobos v. Driscoll, 404 Mass. 634, 646-650 , cert, denied sub nom.
discussed
Cited "see, e.g."
Herzog v. Leighton Holdings, Ltd. (In Re Kids Creek Partners, L.P.)
(2×)
See, e.g., Koch Refining v. Farmers Union Central Exchange, Inc., 831 F.2d 1339, 1351, n. 13 (7th Cir.1987), cert. denied, 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988) (noting that the test has been adopted by many courts as the standard formulation); Unsecured Creditors’ Committee v. Banque Paribas (In re Heartland Chemicals, Inc.), 136 B.R. 503, 516 (Bankr.C.D.Ill.1992); Badger Freightways, Inc. v. Continental Illinois National Bank and Trust Co. (In re Badger Freightways), 106 B.R. 971, 976 (Bankr.N.D.Ill.1989) (Schmetterer, J.).
discussed
Cited "see, e.g."
Estate of Daily v. Title Guaranty Escrow Service, Inc.
(2×)
See, e.g., Koch Refining v. Farmers Union Central Exchange, 831 F.2d 1339 (7th Cir.1987), cert. denied, 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988).
discussed
Cited "see, e.g."
Braas Systems, Inc. v. WMR Partners (In Re Octagon Roofing)
(2×)
See e.g., Koch Refining v. Farmers Union Central Exchange, Inc., 831 F.2d 1339 , 1351 n. 13 (7th Cir.1987) (noting that the test has been adopted by many courts as the standard formulation), cert. denied, 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988); In re UNR Industries, Inc., 46 B.R. 25, 27-28 (Bankr.N.D.Ill.1984).
discussed
Cited "see, e.g."
Bunkley v. Commissioner of Correction
Furthermore, the court instructed the jury, unduly favorably to the petitioner, that “if a piece of evidence offered is capable of two reasonable constructions, one of which is consistent with innocence, it is to be given that construction”; see In re Keijam T., 221 Conn. 109 , 602 A.2d 967 (1992); and that “the fact from which you are asked to draw the inference has itself been proven beyond a reasonable doubt.” See State v. Castonguay, 218 Conn. 486, 507-508 , 590 A.2d 901 (1991); see also State v. McDonough, 205 Conn. 352, 363-64 , 533 A.2d 857 (1987) (Callahan, J., concurring), cer…
discussed
Cited "see, e.g."
Halverson v. Schuster (In Re Schuster)
(2×)
See, e.g., Koch Refining v. Farmer's Union Central Exchange, Inc., 831 F.2d 1339 (7th Cir.1987), cert. den., 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988).
discussed
Cited "see, e.g."
Continental Bank, N.A. v. Modansky
(2×)
See, e.g., Koch Refining v. Farmers Union Central Exch., Inc., 831 F.2d 1339 , 1343 (7th Cir.1987) (cause of action for breach of fiduciary duty becomes property of the estate which the trustee alone has the right to pursue after the filing of a bankruptcy petition), cert. denied, 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988).
discussed
Cited "see, e.g."
SOUTH BEND LATHE, INC., Plaintiff-Appellee-Cross Appellant, v. AMSTED INDUSTRIES, INC., Defendant-Appellan-Cross Appellee
(2×)
See, e.g., Koch Refining v. Farmers Union Central Exchange, Inc., 831 F.2d 1339, 1353 (7th Cir.1987) (finding no ripeness where the harm to the appellant is “still conjectural rather than actual”), cert. den., 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988); Matterhorn, Inc. v. NCR Corp., 727 F.2d 629, 632 (7th Cir.1984) (stating that an issue is ripe for appellate review when “ ‘it is apparent that subsequent rulings of the trial court are not going to moot the issues that the appellant would like to present’ ”), quoting University Life Ins.
discussed
Cited "see, e.g."
Tillery v. Owens
(2×)
See, e.g., App. at 372-75, 400-04 (testimony of Eugene Miller, plaintiffs' expert witness), 1331-43 (testimony of James Jones, inmate) 6 In Cody v. Hillard, 830 F.2d 912 (8th Cir.1987) (en banc), cert. denied, 485 U.S. 906 , 108 S.Ct. 1078 , 99 L.Ed.2d 237 (1988), the court stated that double-celling violates the Eighth Amendment only where it leads to deprivations of essential needs or increased violence or created other intolerable conditions.
discussed
Cited "see, e.g."
Badger Freightways, Inc. v. Continental Illinois National Bank & Trust Co. of Chicago (In Re Badger Freightways, Inc.)
(2×)
See, e.g., Koch Refining v. Farmers Union Central Exchange, Inc., 831 F.2d 1339 , 1351 n. 13 (7th Cir.1987), cert. den., 485 U.S. 906 , 108 S.Ct. 1077 , 99 L.Ed.2d 237 (1988) (noting that the test has been adopted by many courts as the standard formulation), In re UNR Industries, Inc., 46 B.R. 25, 27 (Bankr.N.D.Ill.1984).
Koch Refining Co.
v.
Farmers Union Central Exchange, Inc.
v.
Farmers Union Central Exchange, Inc.
No. 87-1141.
Supreme Court of the United States.
Feb 29, 1988.
Published
Citer courts: Alaska Supreme Court (4) · Massachusetts Appeals Court (1)
C. A. 7th Cir. Certiorari denied.