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← 226 FRD 559 - Litigation.

Litigation.’s Empirical Analysis

2005

Citation profile

10
cited by 10 later decisions
January 2013
most recently cited

1 federal appellate · 1 district ·

Relationships

Relies on Amchem Products, Inc. v. Windsor · Castano v. American Tobacco Co. · Allison v. Citgo Petroleum Corp. · Zeidman v. J. Ray McDermott & Co. · Gary Plastic Packaging Corporation v. Merrill Lynch Pierce Fenner & Smith Inc

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Judge Hamlin was retained by the Attorney General of New Jersey, and it is the Attorney General, not outside counsel, who can terminate his services. His compensation is determined by the Attorney General, not outside counsel. The Attorney General reviews and approves each bill Judge Hamlin submits, and only after the Attorney General reviews and approves the bill does outside counsel transfer payment to Judge Hamlin. . . . Judge Hamlin's compensation is assured for as long as he performs in a manner deemed satisfactory by the Attorney General of New Jersey. Judge Hamlin has great incentive to act objectively in protecting the interests of New Jersey and the class of plaintiffs, and little incentive to take actions adverse to New Jersey's interests.”
    1 later decision quote this exact passage · from the majority
  2. “decision not to sue KPMG was not based on any relationship it had with KPMG. Rather, New Jersey's decision was based on the fact that EDS concealed its fraud from the market and from KPMG. " There are also valid strategic reasons for New Jersey to not name KPMG as a defendant. We agree with the district court's conclusion on this issue: "New Jersey is only a client of KPMG — not vice versa — so it has no self-interest in appeasing KPMG .... New Jersey would not necessarily benefit financially by maintaining a good relationship with KPMG. Thus, the Court does not believe there are unique circumstances here that threaten adequacy.”
    1 later decision quote this exact passage · from the majority
  3. “All persons and entities who purchased or otherwise acquired the securities of Electronic Data Systems Corp. (`EDS') between February 7, 2001 through and including September 18, 2002 (the `Class Period'), and who were damaged thereby. Excluded from the Class are defendants, members of the families of each the Individual Defendants, any parent, subsidiary, affiliated, partner, officer, executive, director of any defendant, any entity in which any such excluded person has a controlling interest, and the legal representatives, heirs, successors, and assigns of any such excluded person or entity.”
    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.