556 F. Supp. 586 - Radol v. Thomas’s Empirical Analysis
1983
Citation profile
5 federal appellate · 2 district ·
Relationships
Applies 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78N (§ 14 of the Securities Exchange Act of 1934)
Relies on TSC Industries, Inc. v. Northway, Inc. · Mills v. Electric Auto-Lite Co. · Santa Fe Industries, Inc. v. Green · Sartor v. Arkansas Natural Gas Corp. · Ohio v. Kentucky
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] person that directly or indirectly through one or more intermediate controls, is controlled by, or is under common control with such issuer. For the purposes of this section only, a person who is not an affiliate of an issuer at the commencement of such person’s tender offer for a class of equity securities of such issuer will not be deemed an affiliate of such issuer prior to the stated termination of such tender offer and any extensions thereof])]”
1 later decision quote this exact passage“the existence of a control relationship ... does not turn solely upon the ownership of any specific percentage of securities. Rather, the question is whether there is the ability, directly or indirectly, to direct or cause the direction of management and policies of [the target company], whether through the ownership of voting securities, by contract or otherwise.”
1 later decision quote this exact passage“viewed by Marathon's Board of Directors as being reflective of ... per share values that could realistically be expected to be received by Marathon or its shareholders in a negotiated sale of the Company as a going concern or through liquidation of the Company's assets.”
1 later decision quote this exact passagee.g. Radol v. Thomas
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.