Kogan v. Schulte’s Empirical Analysis
1945
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 15 later decisions — most recently October 1997
6 federal appellate ·
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
Applies 15 U.S.C. § 78C (§ 3 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78P (§ 16 of the Securities Exchange Act of 1934)
Relies on Meinhard v. Salmon · Continental Illinois Nat Bank Trust Co of Chicago v. Chicago R I & P Ry Co · Woods v. City Nat Bank & Trust Co of Chicago · Smolowe v. Delendo Corp. · Highland v. Russell Car & Snow Plow Co.
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We must not lose sight of the purposes of the statute. Judge Clark in Smolowe v. Delendo Corporation, supra [2 Cir., 136 F.2d 231 , 148 A.L.R. 300 ], gives us a standard of interpretation which is applicable to the facts of the present case. He states ( 136 F.2d at page 239 ): ‘The statute is broadly remedial. Cf. Wright v. Securities and Exchange Commission, 2 Cir., 112 F.2d 89 . Recovery runs not to the stockholder, but to the corporation. We must suppose that the statute was intended to be thorough-going, to squeeze all possible profits out of stock transactions, and thus to establish a standard so high as to prevent any conflict between the selfish interest of a fiduciary officer, director, or stockholder and the faithful performance of his duty. Cf. Woods v. City Nat. Bank & Trust Co. of Chicago, 312 U.S. 262 , 61 S.Ct. 493 , 85 L.Ed. 820 ; In re Mountain States Power Co., 3 Cir., 118 F.2d 405 ; Otis & Co. v. Insurance Bldg. Corp., 1 Cir., 110 F.2d 333 ; In re Republic Gas Corp., D.C.S.D.N.Y., 35 F.Supp. 300 .’ ””
1 later decision 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.