Newmark v. Abeel’s Empirical Analysis
1952
Citation profile
2 state decisions
How this case has been cited
Cited by 10 later decisions — most recently December 1995
2 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 15 U.S.C. § 22 (§ 12 of the Clayton Antitrust Act of 1914)
Relies on American Seating Co. v. Zell · Orange Theatre Corp. v. Rayherstz Amusement Corp. · Dovel v. Sloss-Sheffield Steel & Iron Co. · Treemond Co. v. Schering Corp. · French v. Gibbs Corporation. Henry v. Gibbs Corporation
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Capacity to sue depends on whether the person who is bringing suit has authority to use the courts of the jurisdiction in question. This is a problem of power and depends neither on the court involved nor on the cause of action asserted. Under Rule 17(b), Fed.R.Civ.P., ‘The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized.’ “Until the time of the merger, GTC was a Delaware corporation. It was merged into Industries, also a Delaware corporation. The merger was effected pursuant to the laws of Delaware. Thus, Delaware law will determine the capacity of GTC to sue and the capacity of plaintiffs to sue derivately on GTC’s behalf. “The law of Delaware is quite clear on this point. Once a corporation has been merged out of existence, its rights, privileges and very identity are merged into the remaining corporation. 8 Del.C. § 259. By virtue of the merger, the merged corporation loses its capacity to sue the corporation into which it has been merged; * *”
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.