Shear v. Gabovitch’s Empirical Analysis
1997
Citation profile
4 district · 21 state decisions
How this case has been cited
Cited by 25 later decisions — most recently March 2012 · most notably Demoulas v. Demoulas (1998), Hansen v. 75 Ranch Co. (1998)
4 district · 21 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
Applies 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act)
Relies on United States v. United States Gypsum Co. · Demoulas v. Demoulas Super Markets, Inc. · First Pennsylvania Mortgage Trust v. Dorchester Savings Bank · Building Inspector of Lancaster v. Sanderson · Hudson v. Massachusetts Property Insurance Underwriting Ass'n
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The mere existence of hostility between beneficiaries and a trustee does not necessarily require removal of the trustee. Shirk v. Walker, 298 Mass. 251, 260 (1937). Symmons v. O’Keefe, 419 Mass. at 295, Hardiman v. Hardiman, 11 Mass.App.Ct. 626, 629 (1981). “There are many trusts in which no trustee could fully perform his duty without incurring the hostility of some of the beneficiaries.” Shirk v. Walker, supra. Edinburg v. Cavers, 22 Mass.App.Ct. at 227. Nevertheless, hostility can be a ground for removal, even where the trustee is without fault. Shirk v. Walker, supra. The question of removal is addressed to the discretion and sound judgment of the judge. Cooney v. Montana, 347 Mass. 29, 38 (1964). Hardiman v. Hardiman, supra.”
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.