Bender v. Jordan’s Empirical Analysis

Citation profile

1 federal appellate · 4 district ·

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

1. “On the evening of October 25, 2005, Mr. Doley was contacted by Ms. Jordan, who then connected Mr. Wilmot to the call at approximately 11 p.m. The parties discussed the sale of the Doley Participants’ shares, to persons suggested by Mr. Wilmot. (Wilmot suggested Jeffrey Thompson, Bob Johnson, and a Mr. Liggen). Immediately upon hanging up the telephone, Mr. Wilmot called Mr. Thompson and left a message, talked directly to Mr. Liggen, and then talked to Mr. Thompson. The evidence shows that Mr. Thompson was willing to purchase the Doley [Group] stock, at $18 per share (well above market), conditioned upon Mr. Doley’s voting all shares for the Management Nominees. However, a combination of the Doley [Group] stock and the stock Mr. Thompson already owned would exceed 10% of the Bank’s outstanding shares; no such agreement could be reached without prior OTS ap proval. Apparently for this reason, Mr. Thompson directed his counsel, Daniel Weitzel, to prepare a purchase agreement for the Doley [Group] stock with Mr. Wilmot’s name on it as the purchaser. Mr. Weitzel forwarded the purchase agreement to Marie Wood, Mr. Wilmot’s assistant, by email to her home on the evening of October 25, 2005. Ms. Wood then forwarded Mr. Weitzel’s email and attached draft purchase agreement to Mr. Doley during the evening of October 25, 2005. When Mr. Wilmot talked to Mr. Thompson “shortly after talking to Mr. Doley” around 1 a.m. on October 26, 2005, Mr. Thompson explained his plan. Mr. Wilmot testifi”

   1 later decision quote this exact passage · from the majority
   e.g. 679 F. Supp. 2d 85 - Bender v. Jordan

2. “[T]he start of the meeting was delayed to 3 p.m. by the unilateral action of Ms. Jordan [not Mr. Wilmot]. As soon as Mr. Doley arrived, he was whisked away by Ms. Jordan to lunch at the Prime Rib, a local restaurant, even though the Bank was buying lunch for all shareholders at the Mayflower Hotel because the meeting was delayed.... Mr. Royer and then Mr. Wilmot joined Ms. Jordan and Mr. Doley at the Prime Rib. A discussion ensued concerning whether there was a buyer for the stock Mr. Doley controlled. Messrs. Wilmot and Doley discussed a purchase whereby either Mr. Wilmot or a group assembled by Mr. Wilmot would purchase the Doley [Group] shares. The price per share under discussion was either $17.00 or $18.00. A down payment of $1.00 per share was also discussed. An integral part of the sale agreement required Mr. Doley to vote the shares he controlled for the Management Nominees. Mr. Doley called Mr. Delany and said that he was going to vote for the Management Nominees and that Mr. Delany should do so as well. Mr. Doley told Mr. Delany “that there were a bunch of people from the community saying if Bender takes over the Bank, they were going to withdraw their money.” ... In one call, Mr. Doley told Mr. Delany that he had been promised a deposit worth $1 per share____ Proxies representing the Doley [Group] shares were faxed from Doley Securities in New Orleans to the Mayflower Hotel on October 26, 2005, between 12:47 and 12:55 p.m. (presumably Central Time). They were then ”

   1 later decision quote this exact passage · from the majority
   e.g. 679 F. Supp. 2d 85 - Bender v. Jordan

3. “Allegation: On October 21, 2005, a letter was sent to all IFSB shareholders, purportedly drafted by Catherine McPhail and A. Gilbert Douglas, two shareholders who supported the Management Nominees. This letter contained inaccurate and defamatory statements about Bender and his intentions and, upon information and belief, was based on information provided by the Director Defendants and/or Defendant Batties for the express purpose of defaming Bender and misinforming the other shareholders. The letter makes false allegations of Bender’s “record history involving other banks including a black bank pushed to failure,” and “severe violations of banking law and illegal practice by Bender and his Columbo Bank.” The letter also provides “[T]he only time we are aware we got into U.S. District Court with Bender— though expensive — Independence Won, Bender Lost!” These statements (among others in the letter) are untrue.”

   1 later decision quote this exact passage · from the majority
   e.g. 679 F. Supp. 2d 85 - Bender v. Jordan