Henss v. Schneider’s Empirical Analysis
1955
Citation profile
6 federal appellate · 3 district ·
How this case has been cited
Cited by 16 later decisions — most recently March 2011
6 federal appellate · 3 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 Koster v. Lumbermens Mut Casualty Co · Venner v. Great Northern Railway Co. · Smolowe v. Delendo Corp. · Bertha Doctor v. John Harrington a · Garrison v. United States
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Suit to recover such profit may be instituted at law or in equity in any court of competent jurisdiction by the issuer, or by the owner of any security of the issuer in the name and in behalf of the issuer if the issuer shall fail or refuse to bring such suit within sixty days after request or shall fail diligently to prosecute the same thereafter; * *”
2 later decisions quote this exact passage · from the majority““The plaintiffs also resist dismissal on the ground that their request ‘was made not entirely for the benefit of the corporation but also .to lay the foundation for the second prayer for relief, to wit, allowance of attorneys’ fees’. The action here is derivative in nature. The cause of action is not the plaintiffs’ but the corporation’s. The allowances of fees is an incident to that claim and payable out of the fund recovered. And if the corporate claim is dismissed the incidental claim for attorneys’ fees falls with it. However, plaintiffs are not -without a remedy. If their activities compelled action by the corporation which resulted in the recapture of the insider’s profits, whether by suit or otherwise, they may in an independent action recover the legal expenses incurred by them for the services which led to the corporation’s benefit.””
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.