Nelson v. Serwold’s Empirical Analysis
687 F.2d 278 · 1982
Citation profile
24 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 38 later decisions — most recently September 2015 · most notably Burgess v. Premier Corp. (1984), Pan American World Airways, Inc. v. Shulman Transport Enterprises, Inc. (1984)
24 federal appellate · 1 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
Relies on Affiliated Ute Citizens of Utah v. United States · Myzel v. Fields · John B. Janigan v. Frederick B. Taylor · Fed. Sec. L. Rep. P 96,399 Kenneth N. Nelson v. O. E. Serwold and Helen Serwold, His Wife, Kenneth N. Nelson v. O. E. Serwold and Helen Serwold, His Wife · 84 Wash. 2d 959 - Godfrey v. Washington
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he purpose of restitution is twofold: (1) to restore the defrauded party to the position he would have had absent the fraud, Restatement of Restitution [§ ] 1, Comments a, b, c, and d (1937); (2) and to deny the fraudulent party any benefits, whether or not foreseeable, which derive from his wrongful act. Id. [§ ] 1 Comment e, [§ ] 151 Comment c; Janigan [ v. Taylor, 344 F.2d 781 , 786 (1st Cir.1965)]. Thus, where a person with knowledge of the facts wrongfully disposes of or acquires property of another and makes a profit thereby he is accountable for those profits. Id. [§ ] 1 Comment e, [§ ] 151 Comment f. When the property is of fluctuating value, such as stock, the injured party may be awarded an amount equal to the highest value reached by the stock within a reasonable time after the tortious act. Id. [§ ] 151 Comment c; Myzel v. Fields, 386 F.2d 718 , 744 n. 23, 745 (8th Cir.1967).”
2 later decisions quote this exact passage · from the majority“Agency is the fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act.”
2 later decisions quote this exact passage · from the majority“(2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or”
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.