Rogers v. Hill’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 5 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We must not lose sight of the fact that the settlement in July, 1933, was a general settlement, that it contemplated the disposition of all the pending stockholders' suits and that the fee Rogers received covered his services in all of these suits. The fact that it was a general settlement has a bearing also on the adequacy of the settlement of the bonus action in this court. Some of the counsel for the present applicants argue that the court on these present applications cannot consider all that Rogers recovered for the corporation in all his lawsuits, but only the benefits the corporation received from the settlement of bonus litigation in this court, in determining whether Rogers made a proper settlement of the bonus litigation. I do not agree with this contention. These applicants claim that Rogers failed to get a fair settlement of this bonus action and that he so failed because he was paid a large fee, which admittedly he had earned on the whole general settlement.”

   1 later decision quote this exact passage · from the majority
   e.g. 130 N.J. Eq. 470 - Mathews v. American Tobacco Co.

2. “But the applicants urge that even assuming the fee to be reasonable, Rogers concealed from the courts the fact that he was receiving a fee. We must first consider, in weighing that charge, whether there was any duty imposed on Rogers to state to the courts in which his stockholders suits were being settled the fact that he was getting a fee and the amount thereof. Any judge passing on a settlement of any of the Rogers' suits would naturally assume that Rogers was receiving a fee and that The American Tobacco Company was paying it, in view of the fact that Rogers had conducted these litigations for almost three years and was concluding a very satisfactory settlement, the terms of which were set forth before all the courts in which the pending litigation was settled.”

   1 later decision quote this exact passage · from the majority
   e.g. 130 N.J. Eq. 470 - Mathews v. American Tobacco Co.

3. “The resolution adopted by the board of directors on July 12th, 1933, and the agreement signed by the directors with the corporation on the same day made the readjustment of future bonuses under article XII of the by-laws and the adoption of a new policy in respect to the 1930 stock allotment plan, conditional upon the settlement of the New Jersey and the New York Supreme Court actions, involving stock allotments, and the settlement of the bonus action in this court. I don't see how the benefits of the settlement could be retained under two of the law suits and in effect set aside as to one, by reopening this bonus action.”

   1 later decision quote this exact passage · from the majority
   e.g. 130 N.J. Eq. 470 - Mathews v. American Tobacco Co.