Unertl v. Bezanson’s Empirical Analysis
1987
Citation profile
14 state decisions
How this case has been cited
Cited by 17 later decisions — most recently September 2016
14 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 Kurth v. Van Horn · Thompson v. Bohlken · Seeman v. Liberty Mutual Insurance Co. · Schmidt v. Wilkinson · Curtis v. Board of Supervisors of Clinton County
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. Is the plaintiff a member of the class for whose benefit the statute was enacted? 2. Is there any indication of legislative intent, explicit or implicit, to either create or deny such a remedy? 3. Would allowing such a cause of action be consistent with the underlying purpose of the legislation? 4. Would the private cause of action intrude into an area over which the federal government or a state administrative agency holds exclusive jurisdiction?”
1 later decision quote this exact passagee.g. Marcus v. Young“The plaintiffs do not allege there was any fraud involved or that they were deceived into depositing their money with Morris Plan of Iowa. Even when the petition is viewed in its most favorable light, it does not allege the breach of a duty owed to these plaintiffs but, rather, one owed to the corporation not to dissipate assets. In such a case, the plaintiffs are only incidentally affected and have no direct claim against the corporation.”
1 later decision quote this exact passage“The rule generally followed by the authorities is that a creditor of a corporation may not maintain a personal action at law against its officers or directors who have, by their mismanagement or negligence, committed a wrong against the corporation to the consequent damage of the creditor.”
1 later decision quote this exact passagee.g. Haupt v. Miller
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.