Masterson v. Pergament’s Empirical Analysis
203 F.2d 315 · 1953
Citation profile
26 federal appellate · 3 district · 4 state decisions
How this case has been cited
Cited by 54 later decisions — most recently July 2017 · most notably Weinberger v. Kendrick (1982), 265 F. Supp. 257 - Schneider v. Sears (1967)
26 federal appellate · 3 district · 4 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
Applies 15 U.S.C. § 771 (CAN-SPAM Act of 2003) · 15 U.S.C. § 77L (§ 12 of the Securities Act of 1933) · 15 U.S.C. § 78I (§ 9 of the Securities Exchange Act of 1934)
Relies on United States v. United States Gypsum Co. · Pepper v. Litton · Taylor v. Standard Gas & Electric Co. · Young v. Higbee Co. · Orvis v. Higgins
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In law, “The general rule is that the release of noncontributing defendants is no reason for disapproving a compromise, Bysheim v. Miranda, Sup., 44 N.Y.S.2d 15 , 30, Elmer v. Campbell, 136 Mo.App. 100, 103 , 117 S.W. 622 . The primary interest of the court in approving of a settlement resides in what the corporation receives in return for the grievances asserted by its stockholders in a derivative suit.” (Masterson v. Pergament, 6 Cir., 203 F.2d 315, 330 .)”
1 later decision quote this exact passage · from the dissente.g. Glicken v. Bradford“We must not forget that what was submitted to the District Court was a proposed settlement. A settlement is the result of a compromise and in effecting a compromise each of the parties expects to make some surrender, in order to prevent unprofitable litigation, effect upon its credit, the wasting of time on the part of its officers that should be devoted to the success of its enterprise and, so, compromises are generally approved by the courts.”
1 later decision quote this exact passage · from the dissent““It is common knowledge that an automobile manufacturer is only as good as his dealer and distributor organization.””
1 later decision quote this exact passage · from the dissent
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.