Fey v. Walston & Co.’s Empirical Analysis
493 F.2d 1036 · 1974
Citation profile
85 federal appellate · 12 district · 13 state decisions
How this case has been cited
Cited by 164 later decisions (1 by the Supreme Court) — most recently March 2018 · most notably West Virginia University Hospitals, Inc. v. Casey (1991), Northcross v. Board of Education (1979)
85 federal appellate · 12 district · 13 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Affiliated Ute Citizens of Utah v. United States · Mills v. Electric Auto-Lite Co. · Desist v. United States · Fleischmann Distilling Corp. v. Maier Brewing Co. · Farmer v. Arabian American Oil 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 164 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Every person who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder shall also be liable jointly and severally with and to the same extent as such controlled person to any person to whom such controlled person is liable, unless the controlling person acted in good faith and did not directly or indirectly induce the act or acts constituting the violation or cause of action.””
5 later decisions quote this exact passage · from the dissent““[i]t is now elementary that when precise damage measurements are precluded by wrongful acts, the wrongdoer cannot insist upon exact measurements and the precise tracing of causal lines to an impractical extent; fair approximations are in order.” Fey v. Walston & Co., Inc., supra, 493 F.2d at 1055 .”
3 later decisions quote this exact passage · from the dissent““[Ujnder common law principles, a principal is liable for the deceit of its agent committed in the very business he was appointed to carry out. This is true even though the latter’s specific conduct was carried on without knowledge of the principal.””
2 later decisions quote this exact passage · from the majority
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.