Genzer v. Cunningham’s Empirical Analysis
1980
Citation profile
2 federal appellate · 4 district · 7 state decisions
How this case has been cited
Cited by 31 later decisions — most recently October 2016 · most notably Joy v. North (1982), Gaines v. Haughton (1981)
2 federal appellate · 4 district · 7 state decisions
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
Applies 15 U.S.C. § 78N (§ 14 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78P (§ 16 of the Securities Exchange Act of 1934)
Relies on J. I. Case Co. v. Borak · Burks v. Lasker · Sola Electric Co. v. Jefferson Electric Co. · Quinn v. Syracuse Model Neighborhood Corp. · Smith v. Hudson
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Sec. 495. (1) The court shall dismiss a derivative proceeding if, on motion by the corporation, the court finds that 1 of the groups specified in subsection (2) has made a determination in good faith after conducting a reasonable investigation upon which its conclusions are based that the maintenance of the derivative proceeding is not in the best interests of the corporation.... If the determination is made pursuant to subsection (2)(c) or (d), the plaintiff shall have the burden of proving that the determination was not made in good faith or that the investigation was not reasonable. (2) A determination under subsection (1) may be made by any 1 of the following: (c) By a panel of 1 or more disinterested persons appointed by the court upon motion by the corporation.”
1 later decision quote this exact passage · from the majority“once the [demand] requirement is met without success, the derivative suit may proceed.”
1 later decision 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.