Berlin v. Emerald Partners’s Empirical Analysis
1989
Citation profile
1 federal appellate · 1 district · 17 state decisions
How this case has been cited
Cited by 21 later decisions — most recently July 2015
1 federal appellate · 1 district · 17 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 Michelson v. Duncan · Salt Dome Oil Corp. v. Schenck · Hibbert v. Hollywood Park, Inc. · 29 Del. Ch. 610 - Ringling Bros.-Barnum & Bailey Combined Shows Inc. v. Ringling · Giuricich v. Emtrol Corp.
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A stockholder who is present in person or represented at a meeting by a general proxy, is present for quorum purposes and is also voting power present on all matters. However, if the stockholder is represented by a limited proxy and does not empower its holder to vote on a particular proposal, then the shares represented by that proxy cannot be considered as part of the voting power present with respect to that proposal. 16”
1 later decision quote this exact passage“[W]here a proposal is nondiscretionary and the broker or fiduciary record holder receives no instructions from the beneficial owner, voting power on that proposal has been withheld. The shares represented by a limited proxy cannot be considered as part of the voting power present on a nondiscretionary proposal from which power has been withheld by crossing it out or otherwise. 15”
1 later decision 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.