Dotlich v. Dotlich’s Empirical Analysis

Citation profile

3 federal appellate · 42 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[oJlnee it is established that one with a fiduciary duty has attempted to benefit from a questioned transaction, the law presumes fraud [andl[tlhe burden of proof shifts to the fiduciary to overcome the presumption by showing his actions were honest and in good faith.”

   2 later decisions quote this exact passage
   e.g. W & W Equipment Co., Inc. v. Mink · Wenzel v. Hopper & Galliher, P.C.

2. ““If any person liable to an action shall conceal the fact from the knowledge of the person entitled thereto, the action may be commenced at any time within the period of limitation after the discovery of the cause of action.””

   2 later decisions quote this exact passage
   e.g. Lambert v. Stark · Lowry v. Lowry

3. “The situation is, obviously, quite different in the case of the director's derivative suit. His right to sue is based on the public policy declared by the Legislature upon enactment of the statute. We may assume that the right to bring suit has been granted in order to facilitate and improve the director’s performance of the "stewardship obligation” which he owes to the corporation and its stockholders and to protect him from possible liability for failure to proceed against those responsible for improper management of the corporate affairs.”

   1 later decision quote this exact passage
   e.g. Schoon v. Smith