Gibbes v. Zimmerman’s Empirical Analysis
290 U.S. 326 · 1933
Citation profile
41 federal appellate · 6 district · 130 state decisions
How this case has been cited
Cited by 225 later decisions (15 by the Supreme Court) — most recently July 2018 · most notably Lamb v. Wedgewood South Corp. (1983), Carpenter v. Pacific Mutual Life Insurance (1937)
41 federal appellate · 6 district · 130 state decisions — followed in 26 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 Pritchard Ex'X v. Norton · Backus v. Fort St Union Depot Co · Hardware Dealers' Mut Fire Ins Co of Wisconsin v. Glidden Co · Crane v. Hahlo
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 225 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a vested cause of action is property and is protected from arbitrary interference”
4 later decisions quote this exact passage · from the majority““The appellant says the Act of March 9 arbitrarily deprives him of a remedy for the enforcement of stockholders’ liability, which remedy was his property, and was tak> en from him without due process. But although a vested cause of action is property and is protected from arbitrary interference (Pritchard v. Norton, 106 U. S. 124 , 132, 1 S. Ct. 102 , 27 L. Ed. 104 ), the appellant has no property, in the constitutional sense, in any particular form of remedy; all that he is guaranteed by the Fourteenth Amendment is the preservation of his substantial right to redress by some effective procedure. Iowa Central Ry. Co. v. Iowa, 160 U. S. 389 , 393, 16 S. Ct. 344 , 40 L. Ed. 467 ; Backus v. Fort St. Union Depot Co., 169 U. S. 557 , 571, 8 S. Ct. 445 , 42 L. Ed. 853 ; Crane v. Hahlo, 258 U. S. 142 , 147, 42 S. Ct. 214 , 66 L. Ed. 514 ; Hardware Dealers Mut. Fire Ins. Co. v. Glidden Co., 284 U. S. 151 , 158, 52 S. Ct. 69 , 76 L. Ed. 214 . “Under the Act of March 9, and the regulations, the conservator was endowed with all-the functions of a receiver, one of which is the enforcement on behalf of depositors of stockholders’ excess liability. If under that act and the regulations power was lacking the defect was cured by the Act of May 16. Nothing is shown to indicate that the conservator will prosecute the claim against the stockholders in a manner different from that to be pursued under the old law by a receiver or that the state courts will refuse him process to that end. The A”
1 later decision quote this exact passage · from the majority“[All-though a vested cause of action is property and is protected from arbitrary interference, the appellant has no property, in the constitutional sense, in any particular form of remedy; all that he is guaranteed by the Fourteenth Amendment is the preservation of his substantial right to redress by some effective procedure.”
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.