Foley v. D'Agostino’s Empirical Analysis
1964
Citation profile
4 federal appellate · 11 state decisions
How this case has been cited
Cited by 40 later decisions — most recently December 2017 · most notably Sutton v. Duke (1970), Tovrea Land and Cattle Company v. Linsenmeyer (1966)
4 federal appellate · 11 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 Guth v. Loft, Inc. · Duane Jones Co. v. Burke · 1 E.H. Smith 241 - Sage v. . Culver · Lamdin v. Broadway Surface Advertising Corp. · Condon v. Associated Hospital Service
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rejection by the corporations of the opportunity of taking over the rival and competing business would not release the defendants, as long as they remained in office and were in the employment of the corporations, from their continuing and overriding obligation of loyalty and good faith to the corporations ... The rule is well stated in 54 Harv.L.Rev., supra, 1191, 1199, where, it is said that “ * * * the fact that the competing business undertaken presented itself in the form of a corporate opportunity which the corporation was financially unable or for other reasons unwilling to undertake should be no excuse for an officer undertaking it individually. Despite the corporation’s inability or refusal to act it is entitled to the officer’s undivided loyalty. If the two are competitive, the corporation, while not entitled to a general freedom from competition, is entitled to freedom from competition by those charged with the promotion of its interests.””
1 later decision quote this exact passage“A pleading attacked for insufficiency must be accorded a liberal construction, and 'if it states, in some recognizable form, any cause of action known to our law,' it cannot be dismissed.”
1 later decision quote this exact passage“is whether the requisite allegations of any valid cause of action cognizable by the state courts can be fairly gathered from all the averments.”
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.