Hemphill v. Orloff’s Empirical Analysis
277 U.S. 537 · 1928
Citation profile
39 federal appellate · 12 district · 38 state decisions
How this case has been cited
Cited by 143 later decisions (15 by the Supreme Court) — most recently June 2024 · most notably Western and Southern Life Insurance Company v. State Board of Equalization of California (1981), Metropolitan Life Insurance v. Ward (1985)
39 federal appellate · 12 district · 38 state decisions — followed in 11 states
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 Gibbons v. Ogden · Flint v. Stone Tracy Co. · Slaughter-House Cases the Butchers' Benevolent Association of New Orleans v. The Crescent City Live · Hess v. Pawloski · Paul v. Virginia
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 143 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“- “Whether a given association is called a corporation, partnership, or trust, is not the essential factor in determining the powers of a state concerning it. The real nature of the organization must be considered. If clothed with the ordinary functions and attributes of a corporation, it is subject to similar treatment. (Citing authorities.)”
1 later decision quote this exact passage · from the majority““The Massachusetts courts give effect to agreements like the one here described, recognize the entity of associations organized thereunder, and hold both trustees and shareholders exempt from personal liability.””
1 later decision quote this exact passage · from the majority““The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.””
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.