Thomas v. Lytle’s Empirical Analysis

Citation profile

2 federal appellate ·

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The parent corporation, at the time of the transaction complained of, exercises complete dominion over its subsidiary, not only of finances, but of policy and business practice in respect to the transaction under attack, so that the corporate entity, as to that transaction, had no separate mind, will or existence of its own. (2) Such control must have been used to commit fraud or wrong, to perpetuate the violation of a statutory or other positive legal duty, or a dishonest and unjust act in contravention of third parties' rights. (3) The aforesaid control and breach of duty must proximately cause the injury or unjust loss complained of.”

   1 later decision quote this exact passage · from the majority
   e.g. Southeast Texas Inns, Inc. v. Prime Hospitality Corp.

2. “Because a corporation is a creature of state law whose primary purpose is to insulate shareholders from legal liability, the state of incorporation has the greater interest in determining when and if that insulation is to be stripped away.”

   1 later decision quote this exact passage · from the majority
   e.g. 823 F. Supp. 2d 599 - In Re Classicstar Mare Lease Litigation

3. “Although the choice of which state's law is to be applied in a diversity case is determined by the law of the forum state, the state of incorporation has the greater interest in determining when and if the corporate veil is to be pierced.”

   1 later decision quote this exact passage · from the majority
   e.g. 823 F. Supp. 2d 599 - In Re Classicstar Mare Lease Litigation