Swanson v. Traer’s Empirical Analysis
249 F.2d 854 · 1957
Citation profile
11 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 31 later decisions — most recently October 2012 · most notably 39 N.C. App. 77 - Swenson v. Thibaut (1978), Stadin v. Union Electric Co. (1962)
11 federal appellate · 3 district · 3 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 Smith v. Sperling · Hawes v. Oakland · United Copper Securities Company v. Amalgamated Copper Company · Swanson v. Traer · Babcock v. Farwell
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If the directors who constitute a majority of the board and who reject the demand are dishonest, guilty of a breach of trust, were participants in the fraudulent acts relied upon by the stockholder as a basis for the legal action which he demands, or are subject to the control of the alleged wrongdoers, then equitable jurisdiction may be invoked and he may proceed to file the suit himself.” (Emphasis supplied.)”
2 later decisions quote this exact passage · from the majority““ * * * if a board of directors, a majority of which are admittedly honest and have not been involved in the alleged wrongs, refuses a demand to bring suit, then the complaining shareholder’s judgment shall not be substituted for that of the directors. In those circumstances, mismanagement of the corporation is not shown. * * *»”
1 later decision quote this exact passage · from the majoritye.g. Issner v. Aldrich““A corporation’s right not to sue is correlative to its right to sue. * * * an individual stockholder has no more right to challenge by a derivative suit a decision by the board of directors not to sue than to so challenge any other decision by the board.””
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.