Sallee v. Na’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 6 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A fiduciary relationship creates the highest order of duty imposed by law. If a fiduciary relationship exists, the fiduciary cannot profit from the relationship without the knowledge and permission of the principal ... In a fiduciary relationship, the fiduciary must make every effort to avoid having his own interests conflict with those of the principal ... When conflict is unavoidable the fiduciary must place the interests of the principal above his own.”

   6 later decisions quote this exact passage · from the majority
   e.g. Ballard v. 1400 Willow Council of Co-Owners, Inc. · 518 F. Supp. 2d 902 - Westlake Vinyls, Inc. v. Goodrich Corp.

2. “That defendant made a material representation; (2) that it was false; (3) that when he made it he knew that it was false, or made it recklessly, without any knowledge of its truth, and as a positive assertion; (4) that he made it with the intention that it should be acted upon by plaintiff; (5) that plaintiff acted in reliance upon it; and (6) that he thereby suffered injury.”

   3 later decisions quote this exact passage · from the majority
   e.g. In Re Tyson · Neilson v. Straight-Out Promotions, LLC

3. “[B]anks do not generally have fiduciary relationships with their debtors. This flows from the nature of the creditor-debtor relationship. As a matter of business, banks seek to maximize their earnings by charging interest rates or fees as high as the market will allow. Banks seek as much security for their loans as they can obtain. In contrast, debtors hope to pay the lowest possible interest rate and fee charges and give as little security as possible. Without a great deal more, a mere confidence that a bank will act fairly does not create a fiduciary relationship obligating the bank to act in the borrower’s interest ahead of its own interest.... Kentucky courts have twice imposed a fiduciary duty in the relationship between a bank and a borrower. On both occasions, the bank profited at the borrower’s expense from confidential information received from the borrower.”

   2 later decisions quote this exact passage · from the majority
   e.g. R. Geoff Layne Charles E. Johnson, Jr. v. Bank One, Kentucky, N.A. Banc One Securities Corporation · De Jong v. Leitchfield Deposit Bank