Sonet v. Timber Co., LP’s Empirical Analysis
1998
Citation profile
1 district · 18 state decisions
How this case has been cited
Cited by 20 later decisions — most recently March 2017
1 district · 18 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 Sinclair Oil Corporation v. Levien · Boxer v. Husky Oil Co. · SBC Interactive, Inc. v. Corporate Media Partners · State v. Redd
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As the Vice Chancellor noted at summary judgment, a general partner owes the traditional fiduciary duties of loyalty and care to the limited partnership and its partners, but DRULPA § 17-1101(d)(2) "expressly authorizes the ... modification, or enhancement of these fiduciary duties in the written agreement governing the limited partnership." Indeed, we have recognized that, by statute, the parties to a Delaware limited partnership have the power and discretion to form and operate a limited partnership "in an environment of private ordering" according to the provisions in the limited partnership agreement. We have noted that DRULPA embodies "the policy of freedom of contract" and "maximum flexibility." DRULPA's "basic approach is to permit partners to have the broadest possible discretion in drafting their partnership agreements and to furnish answers only in situations where the partners have not expressly made provisions in their partnership agreement" or "where the agreement is inconsistent with mandatory statutory provisions." In those situations, a court will "look for guidance from the statutory default rules, traditional notions of fiduciary duties, or other extrinsic evidence." But, if the limited partnership agreement unambiguously provides for fiduciary duties, any claim of a breach of a fiduciary duty must be analyzed generally in terms of the partnership agreement.”
1 later decision quote this exact passage“"To the extent that, at law or in equity, a partner or other person has duties (including fiduciary duties) and liabilities relating thereto to a limited partnership or to another partner ... (2) the partner's or other person's duties and liabilities may be expanded or restricted by provisions in the partnership agreement."”
1 later decision quote this exact passage“apparently [allows] broad license to enhance, reform, or even eliminate fiduciary duty protections ...”) (emphasis added). 13 . Commentators have already noted some uncertainty on this subject. See, e.g., Martin I. Lubaroff and Paul M. Altman (”
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.