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← 598 SO2D 807 - Elgin v. Alfa Corp.

Elgin v. Alfa Corp.’s Empirical Analysis

1992

Citation profile

35
cited by 35 later decisions
5
states following
September 2011
most recently cited

34 state decisions

How this case has been cited

Cited by 35 later decisions — most recently September 2011 · most notably 654 So. 2d 542 - Wright v. Wright (1995), Fujimoto v. Au (2001)

34 state decisions

260199220002010decided

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 General Telephone Co. of Southwest v. Falcon · Schlesinger v. Reservists Committee to Stop the War · East Texas Motor Freight System, Inc. v. Rodriguez · In re Kauffman Mutual Fund Actions · 547 So. 2d 870 - West v. Founders Life Assur. Co. of Florida

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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““In a derivative action brought by one or more shareholders or members to enforce a right of a corporation or of an unincorporated association, the corporation or association having failed to enforce a right which may properly be asserted by it, the complaint , shall be verified and shall allege that the plaintiff was a shareholder or member at the time of the transaction of which he complains or that his share or membership thereafter devolved on him by operation of law. The complaint shall also allege with particularity the efforts, if any, made by the plaintiff to obtain the action he desires from the directors or comparable authority and, if necessary, from the shareholders or members, and the reasons for his failure to obtain the action or for not making the effort The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of the shareholders or members similarly situated in enforcing the right of the corporation or association. The action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to shareholders or members in such manner as the court directs.””
    2 later decisions quote this exact passage
  2. “the shareholder . . . must demonstrate such a degree of antagonism between the directors and the corporate interest that the directors would be incapable of performing their duty.”
    1 later decision quote this exact passage
  3. “This language is referred to as a provision for”
    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.