Harmsen v. Smith’s Empirical Analysis
542 F.2d 496 · 1976
Citation profile
27 federal appellate · 2 district ·
How this case has been cited
Cited by 62 later decisions — most recently September 2004 · most notably Ryder Energy Distribution Corporation v. Merrill Lynch Commodities Inc Ef (1984), Amfac Mortgage Corp. v. Arizona Mall of Tempe, Inc. (1978)
27 federal appellate · 2 district ·
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 Conley v. Gibson · Cort v. Ash · Affiliated Ute Citizens of Utah v. United States · National Railroad Passenger Corporation v. National Assn. of Railroad Passengers · Blackie v. Barrack
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If the directors of any national banking association shall knowingly violate, or knowingly permit any of the officers, agents, or servants of the association to violate any of the provisions of this chapter, all the rights, privileges, and franchises of the association shall be thereby forfeited. Such violation shall, however, be determined and adjudged by a proper district or Territorial court of the United States in a suit brought for that purpose by the Comptroller of the Currency, in his own name, before the association shall be declared dissolved. And in cases of such violation, every director who participated in or assented to the same shall be held liable in his personal and individual capacity for all damages which the association, its shareholders, or any other person, shall have sustained in consequence of such violation.””
6 later decisions quote this exact passage · from the majority“beyond dispute that under proper circumstances [s]ection 93 creates a direct cause of action by the shareholders against the directors of a national bank.”
3 later decisions quote this exact passage · from the majority“such sums as will compensate [the] shareholder for an injury which he, as distinct from the [corporation], has suffered.”
3 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.