Kanter v. Barella’s Empirical Analysis

Citation profile

9 federal appellate · 18 district · 2 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a court must 'accept as true all [factual] allegations in the complaint and all reasonable inferences that can be drawn therefrom, and view them in the light most favorable to the plaintiff.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Hering v. Rite Aid Corp. · Utesch v. Lannett Co.

2. “any breach of duty based upon an act or omission (a) in breach of such person's duty of loyalty to the corporation or its shareholders, (b) not in good faith or involving a violation of law or (c) resulting in receipt by such person of an improper personal benefit.” 489 F.3d at 182 n. 15 (quoting N.J.S.A. § 14A:2-7). See also PSE & G, 173 N.J. at 295 , 801 A.2d 295 . . An example of extreme indifference would be where, for example, the Board received”

   1 later decision quote this exact passage · from the majority
   e.g. In re Johnson & Johnson Derivative Litigation

3. “whether or not the particularized factual allegations of a derivative stockholder complaint create a reasonable doubt that, as of the time the complaint is filed, the board of directors could have properly exercised its independent and disinterested business judgment in responding to a demand.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Johnson & Johnson Derivative Litigation