Powell v. First Republic Bank’s Empirical Analysis

Citation profile

1 state decisions

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

1. “Many courts have allowed interested directors to appoint an independent committee to review a derivative action. See e.g., Lewis v. Anderson, 615 F.2d 778, 783 (9th Cir.1980) (“[T]he fact that the independent committee members were appointed by interested directors is an ‘inescapable’ aspect of ‘the corporation’s predicament.’”); Stein v. Bailey, 531 F.Supp. 684, 693 (S.D.N.Y.1982) (“If the Court were to adopt plaintiffs reasoning, which suggests that interested directors be excluded from a meeting held to appoint an independent committee, the Court can envision a situation whereby too few directors are present to constitute a quorum. Since this would undermine the efficacy of the rule, plaintiffs first point is rejected.”)_”

   1 later decision quote this exact passage
   e.g. 2008 Pa. Super. 295 - Lemenestrel v. Warden

2. “In order to establish fraudulent misrepresentation, a complainant must prove by clear and convincing evidence 1) a misrepresentation; 2) a fraudulent utterance thereof; 3) an intention by the maker that the recipient will thereby be induced to act; 4) justifiable reliance by the recipient upon the misrepresentation; and 5) damage to the recipient as the proximate result. Although the Bank and its representatives may speculate that the [Defendants] intentionally misrepresented the value of the servicing portfolio in order to induce the Bank to purchase the company, mere conjecture fails to establish the elements of fraud by clear and convincing evidence.”

   1 later decision quote this exact passage
   e.g. Fidelity Bond & Mortgage Co. v. Brand (In Re Fidelity Bond & Mortgage Co.)

3. “Under the initial merger agreements, accountants would determine the actual net worth of Fidelity following the merger. Because the accountants’ findings indicated that selling shareholders overstated Fidelity's net worth at closing and the purchase price was $415,628.00 less than the other parties paid, the Memorandum of Understanding addressed this discrepancy.”

   1 later decision quote this exact passage
   e.g. Fidelity Bond & Mortgage Co. v. Brand (In Re Fidelity Bond & Mortgage Co.)