Phillips v. Bradford’s Empirical Analysis
1974
Citation profile
2 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 14 later decisions — most recently July 1992
2 federal appellate · 2 district · 3 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
Applies 15 U.S.C. § 80A
Relies on In re Kauffman Mutual Fund Actions · Linkletter v. Walker · Hawes v. Oakland · Leon v. Klinger · Johnson v. Moses
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“I cannot agree that the mere naming of an unaffiliated director, who is charged with approving a challenged transaction, can create an irrebuttable presumption that he would not entertain a claim for relief against others. It is not for the plaintiff herself to build a wall around the unaffiliated director of a mutual fund, and then tell him he cannot jump over it. In short, merely naming the directors as defendants does not establish that a demand would have been futile.”
1 later decision quote this exact passage · from the majority“allege with particularity the efforts, if any, made by the plaintiff to obtain the action he desires from the directors or comparable authority . . . and the reasons for his failure to obtain the action or for not making the effort.”
1 later decision quote this exact passage · from the majoritye.g. Heit v. Baird“(t)here is no reason of policy to terminate a derivative stockholder action because the plaintiff dies”
1 later decision quote this exact passage · from the majoritye.g. Saylor v. Bastedo
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.