James Talcott, Inc. v. McDowell’s Empirical Analysis
1962
Citation profile
2 federal appellate · 23 state decisions
How this case has been cited
Cited by 27 later decisions — most recently May 2019 · most notably 676 So. 2d 1022 - Provence v. Palm Beach Taverns, Inc. (1996), Alario v. Miller (1978)
2 federal appellate · 23 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 Goulden v. Manreka Corp. · Orlando Orange Groves Co. v. Hale · Poor v. Iowa Cent. Ry. Co.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... under certain circumstances a stockholder may bring a stockholders' derivative action which is an action in which a stockholder seeks to sustain in his own name a right of action existing in the corporation. The corporation is the real party in interest, the stockholder being only a nominal plaintiff. (citations omitted) Such an action may be brought where the corporation has wrongfully refused to bring suit as the result of fraud, bad faith, or gross abuse of discretion on the part of the board of directors."”
3 later decisions quote this exact passage“Thus, in order for a complaint to state a cause of action entitling the stockholder to relief, it must allege two distinct wrongs: the act whereby the corporation was caused to suffer damage, and a wrongful refusal by the corporation to seek redress for such act.”
2 later decisions quote this exact passage
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.