Patsos v. First Albany Corp.’s Empirical Analysis
2001
Citation profile
26 federal appellate · 27 district · 35 state decisions
How this case has been cited
Cited by 99 later decisions — most recently November 2023 · most notably Rodi v. Southern New England School of Law (2004), Doe v. Harbor Schools, Inc. (2006)
26 federal appellate · 27 district · 35 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 One Lear Jet Aircraft v. United States · Demoulas v. Demoulas Super Markets, Inc. · Riley v. Presnell · Madsen v. Erwin · Olsen v. BELL TELEPHONE LABORATORIES, W. ELECTRIC 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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“may arise ... where a wrongdoer concealed the existence of a cause of action through some affirmative act done with the intent to deceive.”
2 later decisions quote this exact passage“[T]he plaintiff alone, by reposing trust and confidence in the defendant, cannot thereby transform a business relationship into one which is fiduciary in nature. The catalyst in such a change is the defendant’s knowledge of the plain tiffs reliance upon him. In redressing an abuse of trust and confidence equity will review such factors as the relation of the parties prior to the incidents complained of, the plaintiffs business capacity or lack of it contrasted with that of the defendant, and the readiness of the plaintiff to follow the defendant’s guidance in complicated transactions wherein the defendant has specialized knowledge. Equity will, in sum, weigh whether unjust enrichment results from the relationship. Bogert, Trusts and Trustees (2d ed.) § 481, points out that in many representative social and business relationships there is ‘no special intimacy or great degree of trust and confidence’ but in certain of them ‘great intimacy’ is the rule because of knowledge by one party of the business and family affairs of another. He adds that equity has continued to take an active interest in the fostering and protection of these intimate relationships which it calls ‘fiduciary.’ He stresses that the exact limits of the term ‘fiduciary relation’ are difficult to ascertain, that equity refuses to bind itself by an all inclusive definition, and that it reserves entire freedom to declare relationships to be fiduciary upon the particular facts of each case. He emphasizes, too, the”
1 later decision quote this exact passage · from the concurrence“Where the account is ‘non-discretionary,’ meaning that the customer makes the investment decisions and the stockbroker merely receives and executes a customer’s orders, the relationship generally does not give rise to general fiduciary duties.... Conversely, where the account is ‘discretionary,’ meaning that the customer entrusts the broker to select and execute most if not all of the transactions without necessarily obtaining prior approval for each transaction, the broker assumes broad fiduciary obligations that extend beyond individual transactions.”
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.