Fogel v. Chestnutt’s Empirical Analysis
533 F.2d 731 · 1975
Citation profile
21 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 46 later decisions — most recently November 2009 · most notably Fogel v. Chestnutt (1981), Leist v. Simplot (1980)
21 federal appellate · 3 district · 2 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
Relies on Udall v. Tallman · Mills v. Electric Auto-Lite Co. · Bigelow v. RKO Radio Pictures, Inc. · Story Parchment Co. v. Paterson Parchment Paper Co. · Eastman Kodak Co of New York v. Southern Photo Materials 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Congress had mandated independent directors in order ‘to supply an independent check on management and to provide a means for the representation of shareholder interests in investment company affairs.’ [citation omitted]. The minimum requirement to enable the [fjund’s independent directors to discharge these duties with respect to recapture was a careful investigation of the possibilities performed with an eye eager to discern them rather than shut against them, and, if these possibilities were found to be real, a weighing of their legal difficulties and their economic pros and cons. It would have been still better to have the investigation of recapture methods and their legal consequences performed by disinterested counsel furnished to the independent directors.””
2 later decisions quote this exact passage · from the majority“However, the testimony of Elkins Wetherill, president of the PBW Exchange, was unequivocal that an affiliate of the Adviser could have become a member of the PBW Exchange. As such it could have received a substantial portion of commissions as an introducing broker, perhaps as much as 80%, and could have credited these against the advisory fee. At least until the abolition of reciprocals on July 15, 1973, the member could also obtain PBW Exchange business from NYSE brokers in return for placing orders with them for execution on that exchange. An exhibit showed that on March 5, 1973, PBW had 49 institutional members, including some nine who appear to have been affiliates of advisers or distributors of mutual funds.”
2 later decisions quote this exact passage · from the majority“a defendant whose wrongful conduct has rendered difficult ascertainment of the precise damages suffered by the plaintiff, is not entitled to complain that they cannot be measured with the same exactness and precision as would otherwise be possible,”
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.