Wolf v. Weinstein’s Empirical Analysis
1963
Citation profile
75 federal appellate · 12 district · 6 state decisions
How this case has been cited
Cited by 470 later decisions (4 by the Supreme Court) — most recently July 2024 · most notably Commodity Futures Trading Commission v. Weintraub (1985), Cochise College Park Inc Hall v. Perry B-72-393 Phx Wpc (1983)
75 federal appellate · 12 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
reviewedWeinstein v. Wolf (from Second Circuit Court of Appeals)
Relationships
Applies 11 U.S.C. § 501 · 11 U.S.C. § 556 · 15 U.S.C. § 78P (§ 16 of the Securities Exchange Act of 1934)
Relies on Securities and Exchange Commission v. Chenery Corporation Same · Pepper v. Litton · Woods v. City Nat Bank & Trust Co of Chicago · Blau v. Lehman · Young v. Higbee Co.
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 470 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[S]o long as the Debtor remains in possession, it is clear that the corporation bears essentially the same fiduciary obligation to the creditors as does the trustee for the Debtor out of possession.... It is equally apparent that in practice these fiduciary responsibilities fall not upon the inanimate corporation, but upon the officers and managing employees who must conduct the Debtor’s affairs under the surveillance of the court.... If, therefore — as seems beyond dispute from the very terms of the statute — the trustee is himself a fiduciary ... logic and consistency would certainly suggest that those who perform similar tasks and incur like obligations to the creditors and shareholders should not be treated differently under the statute for this purpose.”
6 later decisions quote this exact passage · from the majority“attorney ... acting in the case in a representative ... capacity who at any time after assuming to act in such capacity, has purchased or sold claims against ... the debtor,”
4 later decisions quote this exact passage · from the majority“is premised upon an assurance that the officers and managing employees can be depended upon to carry out the fiduciary responsibilities of a trustee.”
4 later decisions 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.