Cede & Co. v. Technicolor, Inc.’s Empirical Analysis
1988
Citation profile
5 federal appellate · 3 district · 50 state decisions
How this case has been cited
Cited by 63 later decisions — most recently April 2024 · most notably Kramer v. Western Pacific Industries, Inc. (1988), Cinerama, Inc. v. Technicolor, Inc. (1995)
5 federal appellate · 3 district · 50 state decisions — followed in 17 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 Basic Inc. v. Levinson · Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation · Weinberger v. UOP, Inc. · Coca Cola Co. v. Pepsi-Cola Co. · 31 Del. Ch. 523 - Tri-Continental Corporation v. Battye
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]n appraisal proceeding is a limited legislative remedy intended to provide shareholders dissenting from a merger on grounds of inadequacy of the offering price with a judicial determination of the intrinsic worth (fair value) of their shareholdings.”
3 later decisions quote this exact passage“During the consolidated proceeding, if it is determined that the merger should not have occurred due to fraud, breach of fiduciary duty, or other wrongdoing on the part of the defendants, then [Cede & Co.’s] appraisal action will be rendered moot and [Cede & Co.] will be entitled to receive rescissory damages. If such wrongdoing on the part of the defendants is not found, and the merger was properly authorized, then [Cede & Co.] will be entitled to collect the fair value of its Technicolor shares pursuant to statutory appraisal and its fraud action will be dismissed. Under either scenario, [Cede & Co.] will be limited to a single recovery judgment.”
2 later decisions quote this exact passage“[I]n a section 262 appraisal action the only litigable issue is the determination of the value of the appraisal petitioners’ shares on the date of the merger, the only party defendant is the surviving corporation and the only relief available is a judgment against the surviving corporation for the fair value of the dissenters’ shares. In contrast, a fraud action asserting fair dealing and fair price claims affords an expansive remedy and is brought against the alleged wrongdoers to provide whatever relief the facts of a particular case may require.”
2 later decisions quote this exact passage
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.