Bermann v. Meth’s Empirical Analysis

Citation profile

6 state decisions

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““in an action by a minority stockholder questioning the compensation voted by the directors to an officer, the burden of proof to establish that the salary paid was unreasonable is on the plaintiff, though in an action against directors or other officers to recover money received or retained by them as salary or compensation, the burden of showing the value of their services is on the defendants.” [5A W.] FLETCHER [,supra ], § 2181[,] at 695-96 (1965). See also Binz v. St. Louis Hide and Tallow Co., 378 S.W.2d 228 (Mo.App.1964); Riddle v. Mary A. Riddle Co., 142 N.J.Eq. 147, 59 A.2d 599 (1948). On the other hand, there is authority that: “The burden of proving the facts necessary to establish his cause of action rests on plaintiff regardless of whether the action is by an officer or director to recover compensation or whether it is to enjoin or recover back a payment of compensation to him.” 19 C.J.S. Corporations § 810(c)[,] at 209 (1940).”

   1 later decision quote this exact passage
   e.g. Miller v. Blatstein (In Re Main, Inc.)

2. ““To come within the rule of reason the compensation must be in proportion to the executive’s ability, services and time devoted to the company, difficulties involved, responsibilities assumed, success achieved, amounts under jurisdiction, corporation earnings, profits and prosperity, increase in volume or quality of business or both, and all other relevant facts and circumstances.” [3A W.] FLETCHER, [supra,] at 742 (1965).”

   1 later decision quote this exact passage
   e.g. Miller v. Blatstein (In Re Main, Inc.)