Wilshire Oil Company of Texas v. L. E. Riffe, O. Homer Riffe and Thomas J. Masterson’s Empirical Analysis
409 F.2d 1277 · 1969
Citation profile
50 federal appellate · 33 district · 18 state decisions
How this case has been cited
Cited by 145 later decisions — most recently November 2014 · most notably Marine Midland Bank, N.A. v. Miller (1981), Wells Fargo & Co. v. Wells Fargo Express Co. (1977)
50 federal appellate · 33 district · 18 state decisions — followed in 12 states
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 Conley v. Gibson · International Shoe Co. v. Washington · Cohen v. Beneficial Industrial Loan Corp. · Hanson v. Denckla · McGee v. International Life Insurance
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 145 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In resisting Wilshire’s attempt to recover attorneys’ fees incurred in connection with the aforementioned antitrust litigation, Masterson points to the well established rule that in the absence of any contractual or statutory liability therefor, counsel fees and related expenses are not recoverable as an element of damages. There can be no quarrel with that general rule in those instances where fees and expenses incurred in prosecuting a suit are sought to be recovered in that same suit. Similarly, the rule appears to be generally accepted in cases where an attempt is made to recoup the expenses absorbed in a previous suit between the same party litigants. Nevertheless, where a party was involved in previous litigation with others because of some wrongful act of the defendant, reasonable compensation for expenses attributable to the former suit is recoverable where such expenses are the natural consequences of the defendant’s wrongful act.’’ (Emphasis added.) 409 F.2d at 1284-85 .”
1 later decision quote this exact passage · from the majority“A. Any person, whether or not a citizen or resident of this State, who ... does any of the acts enumerated in this subsection thereby submits himself ... to the jurisdiction of the courts of this State as to any cause of action arising from: (1) the transaction of any business within this state; ... (3) the commission of a tortious act within this state; ... B. Service of process may be made upon any person subject to the jurisdiction of the courts of this State under this section by personally serving the summons upon the defendant outside this State and such service has the same force and effect as though service had been personally made within this State. C. Only causes of action arising from acts enumerated in this section may be asserted against a defendant in an action in which jurisdiction is based upon this section.”
1 later decision quote this exact passage · from the majority“Furthermore, the signing of the bid form, and for that matter the attendance at the various maintenance lettings, were the acts of Homer Riffe as a corporate employee. As such they were not his personal acts and seemingly cannot constitute the transaction of business by Homer Riffe as an individual.... In any event, it is clear that Wilshire has failed to prove a sufficient nexus between the submission of the bid and its claim against Homer Riffe.”
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.