Sauer v. Moffitt’s Empirical Analysis
1984
Citation profile
12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently September 2017
12 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 Guth v. Loft, Inc. · Baker v. Commercial Body Builders, Inc. · Holden v. Construction MacHinery Company · 128 N.J. Eq. 228 - Solimine v. Hollander · Holi-Rest, Inc. v. Treloar
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.
“(a) The entry of an order requiring dissolution ... at a specified future date, to become effective only in the event that the stockholders fail to resolve their differences prior to that date; (b) The appointment of a receiver, not for the purposes of dissolution, but to continue the operation of the corporation for the benefit of all the stockholders, both majority and minority, until all differences are resolved or “oppressive” conduct ceases; (c) The appointment of a “special fiscal agent” to report to the court relating to the continued operation of the corporation, as a protection to its minority stockholders, and the retention of jurisdiction of the case by the court for that purpose; (d) The retention of jurisdiction of the case by the court for the protection of the minority stockholders without appointment of a receiver or “special fiscal agent”; (e) The ordering of an accounting by the majority in control of the corporation for funds alleged to have been misappropriated; (j) An award of damages to minority stockholders as compensation for any injury suffered by them as the result of “oppressive” conduct by the majority in control of the corporation.”
3 later decisions quote this exact passage“[A] finding of “corporate opportunity” will be denied (a) wherever the fundamental fact of good faith is determined in favor of the director or officer charged with usurping the corporate opportunity, or (b) where the company is unable to avail itself of the opportunity, or (c) where availing itself of the opportunity is not essential to the company’s business, or (d) where the accused fiduciary does not exploit the opportunity by the employment of his company’s resources, or (e) where by embracing the opportunity personally the director or officer is not brought into direct competition with his company and its business. It will be observed that all of the foregoing elements are stated disjunctively and it would therefore seem that the absence of any one of them is sufficient to defeat such claim of corporate opportunity as is made in this case.”
1 later decision quote this exact passagee.g. Connolly v. Bain
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.