James v. Powell’s Empirical Analysis
1967
Citation profile
39 federal appellate · 12 district · 10 state decisions
How this case has been cited
Cited by 114 later decisions — most recently September 2016 · most notably Roginsky v. Richardson-Merrell, Inc. (1967), 359 So. 2d 430 - Wackenhut Corp. v. Canty (1978)
39 federal appellate · 12 district · 10 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 James Sackley Company v. United States · Hutchison v. Ross · McClelland v. Climax Hosiery Mills · Watkins v. Conway · Sauerbrunn v. . Hartford Life Ins. 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 114 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although it is clear that the measurement of compensatory damages is determined by the same law under which the cause of action arises, [citations omitted] this is not necessarily true with regard to exemplary damages. An award of compensatory damages depends upon the existence of wrongdoing — in this case, an issue for resolution under the lex situs of the property alleged to have been fraudulently conveyed. An award of punitive damages, on the other hand, depends upon the object or purpose of the wrongdoing and on this issue we should look to the “law of the jurisdiction with the strongest interest in the resolution of the particular issue presented.””
3 later decisions quote this exact passage““The fraud here asserted — aimed at removing a judgment debtor’s property from the reach of an execution— does not fall within that category. Furthermore, effective remedies are provided against fraudulent conveyances, including the assessment against the tort-feasors, in appropriate cases, of the costs incurred in pursuing such remedies, and there is no need to offer the prospect of punitive damages as an inducement to institute suit. [Citing Walker v. Sheldon, supra.] In short, the defendant Powell may have committed a wrongful act, but his conduct was not so ‘gross and wanton’ as to bring it within the class of malfeasances for which punitive damages may be awarded.””
1 later decision quote this exact passagee.g. Koufakis v. Carvel“[c]ontracts referring to the transfer of title to land are governed by the law of the place where the land is situated.”
1 later decision 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.