Swanson v. Traer’s Empirical Analysis
1957
Citation profile
33 federal appellate · 24 district · 6 state decisions
How this case has been cited
Cited by 147 later decisions (4 by the Supreme Court) — most recently September 2010 · most notably Burks v. Lasker (1979), Galef v. J a Alexander (1980)
33 federal appellate · 24 district · 6 state decisions
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.
Appellate journey
reviewedSwanson v. Traer (from Seventh Circuit Court of Appeals)
Relationships
Relies on Erie Co v. Tompkins · Cohen v. Beneficial Industrial Loan Corp. · Smith v. Sperling · Hawes v. Oakland · Henry W. Grunewald v. United States
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 147 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Some action or threatened action of the managing board of directors or trustees of the corporation which is beyond the authority conferred on them by their charter or other source of organization ; Or such a fraudulent transaction completed or contemplated by the acting managers, in connection with some other party, or among themselves, or with other shareholders as will result in serious injury to the corporation, or to the interests of the other shareholdres; Or where the board of directors, or a majority of them, are acting for their own interest, in a manner destructive of the corporation itself, or of the rights of the other shareholders; Or where the majority of shareholders themselves are oppressively and illegally pursuing a course in the name of the corporation, which is in violation of the rights of the other shareholders, and which can only be restrained by the aid of a court of equity.””
2 later decisions quote this exact passage · from the majority“managementfor good reasons or for bad[was] definitely and distinctly opposed to the institution of this litigation.”
2 later decisions quote this exact passage · from the majority““The complaint averred a demand on the directors to bring suit, a refusal on their part, and the futility of making any demand on the stockholders.””
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.