O'BRIEN v. Dwight’s Empirical Analysis
1973
Citation profile
6 federal appellate · 5 district · 73 state decisions
How this case has been cited
Cited by 84 later decisions — most recently May 2015 · most notably Demoulas v. Demoulas Super Markets, Inc. (1997), Jet Spray Cooler, Inc. v. Crampton (1979)
6 federal appellate · 5 district · 73 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.
Relationships
Relies on Wellesley College v. Attorney General · Lolos v. Berlin · Opinion of the Justices to the House of Representatives · Adventures in Good Eating, Inc. v. Best Places to Eat, Inc. · Berry v. Kyes
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[N]o person holding trust funds can be allowed to derive any personal gain or advantage, either directly or indirectly, from the use [or sale] thereof... [That] he must account for all the profits arising from such use, if profits are made . . . [This rule] is also applicable to every mode in which such trustees may either directly or indirectly seek to derive a personal gain or advantage from the use of trust funds, whether by using the same in their personal business, or by treating the same as a loan to one or more or all of themselves ... or to a firm of which they are members or otherwise. Whatever form that transaction may assume, the salutary rule must be enforced which forbids them from reaping a personal profit from the method which they adopt of investing or managing the new trust estate.”
1 later decision quote this exact passage
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.