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← 466 F.3d 41 - Happ v. Corning, Inc.

Happ v. Corning, Inc.’s Empirical Analysis

466 F.3d 41 · 2006

Citation profile

10
cited by 10 later decisions
1
states following
May 2017
most recently cited

2 federal appellate · 2 district · 1 state decisions

Relationships

Applies 15 U.S.C. § 77Q (§ 17 of the Securities Act of 1933)

Relies on Magna Oil Corp. v. Bateson · Gomez v. Dade County School Board · Stearns v. City of Gig Harbor · Globus v. Law Research Service, Inc. · Thomas v. Eastman Kodak 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “To show economic duress (1) a party must show that he has been the victim of a wrongful or unlawful act or threat, and (2) such act or threat must be one which deprives the victim of his unfettered will, resulting in the threatened party being compelled to make a disproportionate exchange of values. The elements of economic duress have also been described as follows: (1) that one side involuntarily accepted the terms of another; (2) that circumstances permitted no other alternative; and (3) that said circumstances were the result of coercive acts of the opposite party. To show duress, a victim must go beyond the mere showing of a reluctance to accept [and] financial embarrassment and show that acts of the other party produced these factors. Thus, [i]n order to substantiate the allegation of economic duress or business compulsion ... [t]here must be a showing of acts on the part of the defendant which produced [the financial embarrassment]. The assertion of duress must be proved by evidence that the duress resulted from defendant’s wrongful and oppressive conduct and not by plaintiffs necessities.”
    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.