Caldwell v. Eubanks’s Empirical Analysis

Citation profile

4 federal appellate · 4 district · 55 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Before the shareholder, in his own name, is permitted to institute and conduct a litigation which usually belongs to the corporation, he should show, to the satisfaction of the court, that he has exhausted all the means within his reach to obtain, within the corporation itself, the redress of his grievances, or action in conformity to his wishes. He must make an earnest, not a simulated effort, with the managing body of the corporation, to induce remedial action on their part, and this must be made apparent to the court. If time permits, or has permitted, he must show, if he fails with the directors, that he has made an honest effort to obtain action by the stockholders as a body, in the matter of which he complains. And he must show a case, if this is not done, where it could not be done, or it was not reasonable to require it."”

   2 later decisions quote this exact passage
   e.g. Noble v. Farmers Union Trading Co. · Orlando Orange Groves Co. v. Hale

2. “The stockholders would not be authorized to prosecute such action until they first exhausted all remedies within the corporation, unless the facts were such that it would be futile for them to make any effort to obtain relief through corporate channels.”

   1 later decision quote this exact passage
   e.g. Punch v. Hipolite Co.

3. “whether plaintiff was entitled to all or any of the relief prayed does not matter, provided he was entitled to some relief on the facts stated.”

   1 later decision quote this exact passage
   e.g. Homan v. Employers Reinsurance Corp.