Greenberg v. Giannini’s Empirical Analysis
140 F.2d 550 · 1944
Citation profile
26 federal appellate · 7 district · 7 state decisions
How this case has been cited
Cited by 76 later decisions (1 by the Supreme Court) — most recently September 2016 · most notably Koster v. Lumbermens Mut Casualty Co (1947), Mercantile National Bank at Dallas v. C H Langdeau Republic National Bank of Dallas (1963)
26 federal appellate · 7 district · 7 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
Relies on Johnson v. Manhattan Railway Co. · Freeman v. Bee Machine Co. · Niles-Bement-Pond Co. v. Iron Moulders Union Local No. 68 · Davenport v. Dows · Trask v. Maguire
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When a defendant removes an action from a state court in which he has been sued, he consents to nothing and ‘waives’ nothing; he is exercising a privilege unconditionally conferred by statute, and, since the district court to which he must remove it is fixed by law, he has no choice, without which there can be no ‘waiver.’ ””
3 later decisions quote this exact passage · from the majority““As for Giannini's motions to dismiss the complaints in both actions, it has been settled law for over a century (Cunningham v. Pell, 5 Paige, N.Y., 607) that the wronged corporation is an indispensable party to a shareholder's action. City of Davenport v. Dows, 18 Wall. 626 , 21 L.Ed. 938 ; Baltimore & Ohio R. Co. v. City of Parkersburg, 268 U.S. 35 , 45 S.Ct. 382 , 69 L.Ed. 834 ; Philipbar v. Derby, supra, [2 Cir.] 85 F.2d 27 . Cf. Niles-Bement-Pond Co. v. Iron Moulders' Union, 254 U.S. 77 , 41 S.Ct. 39 , 65 L.Ed. 145 . It is hornbook law that the claim is the corporation's, and for that reason the delinquent directors will not be protected by any judgment which does not conclude the corporation. If they succeed in defeating the action, other shareholders may bring another; if the recovery is too little, the same thing is possible. Therefore, as soon as the service of process upon the Transamerica Corporation was set aside in the case at bar, it became inevitable that the complaints against Giannini should be dismissed.””
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.