Krys Ex Rel. SPhinX Ltd. v. Butt’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. “a personal relationship of trust and confidence”

   2 later decisions quote this exact passage
   e.g. Senior Health Ins. Co. of Pa. v. Beechwood Re Ltd.(In re Platinum-Beechwood Litig.) · 345 F. Supp. 3d 515 - Senior Health Ins. Co. of Pa. v. Beechwood Re Ltd.

2. ““A claim for aiding and abetting a breach of fiduciary duty requires,” inter alia, “that the defendant knowingly induced or participated in the breach.” Kaufman v. Cohen, 307 A.D.2d 113 , [125,] 760 N.Y.S.2d 157 , 169 ([1st Dep’t] 2003). “Although a plaintiff is not required to allege that the aider and abettor had an intent to harm, there must be an allegation that such defendant had actual knowledge of the breach of duty.” Id. (emphasis added). “Constructive knowledge of the breach of fiduciary duty by another is legally insufficient to impose aiding and abetting liability.” Id. ... New York common law ... has not adopted a constructive knowledge standard for imposing aiding and abetting liability. Rather, New York courts ... have required actual knowledge.”

   1 later decision quote this exact passage
   e.g. Krys v. Pigott

3. “[s]uch a relationship, necessarily fact-specific, is grounded in a higher level of trust than normally present in the marketplace between those involved in arm’s length business transactions. Generally, where parties have entered into a contract, courts look to that agreement to discover the nexus of the parties’ relationship and the particular contractual expression establishing the parties’ interdependency. If the parties do not create their own relationship of higher trust, courts should not ordinarily transport them to the higher realm of relationship and fashion the stricter duty for them.”

   1 later decision quote this exact passage
   e.g. 921 F. Supp. 2d 94 - Northern Shipping Funds I, LLC v. Icon Capital Corp.