Dayton v. Peck Stow and Wilcox Co’s Empirical Analysis
739 F.2d 690 · 1984
Citation profile
26 federal appellate · 37 district · 12 state decisions
How this case has been cited
Cited by 104 later decisions — most recently February 2020 · most notably Joy v. Bell Helicopter Textron, Inc. (1993), Polius 85-3392 v. Clark Equipment Company 85-3393 (1986)
26 federal appellate · 37 district · 12 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 19 Cal. 3d 22 - Ray v. Alad Corp. · Turner v. Bituminous Casualty Co. · Ramirez v. Amsted Industries, Inc. · 290 Pa. Super. 15 - Dawejko v. Jorgensen Steel Co. · Cyr v. B. Offen & 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 104 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Absent some authoritative signal from the legislature or the [state courts], we see no basis for even considering the pros and cons of innovative theories.... We must apply the law of the forum as we infer it presently to be, not as it might come to be.”
7 later decisions quote this exact passage · from the majority“(1) when the purchasing corporation expressly or impliedly agreed to assume the selling corporation’s liability; (2) when the transaction amounts to a consolidation or merger of the purchaser and seller corporations; (3) when the purchaser corporation is merely a continuation of the seller corporation; or (4) when the transaction is entered into fraudulently to escape liability for such obligations.”
6 later decisions quote this exact passage · from the majority“One of the key requirements for a merger under traditional corporation law doctrine is “continuity of shareholders,” which is found where the purchaser corporation exchanges its own stock as consideration for the seller corporation’s assets so that the shareholders of the seller corporation become a constituent part of the purchaser corporation.”
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.