Johnston v. Wilbourn’s Empirical Analysis
1991
Citation profile
2 federal appellate · 3 district ·
How this case has been cited
Cited by 12 later decisions — most recently February 2018
2 federal appellate · 3 district ·
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. § 78J (§ 10 of the Securities Exchange Act of 1934) · 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act)
Relies on Basic Inc. v. Levinson · TSC Industries, Inc. v. Northway, Inc. · Hj Inc v. Northwestern Bell Telephone Company · Herman & MacLean v. Huddleston · Chiarella v. United States
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A threat of continued criminal activity for purposes of RICO is not established merely by demonstrating that the [defendant’s] acts of common law fraud were a regular way of conducting their ongoing businesses. Rather, [the plaintiff] must demonstrate that the predicate acts — here the acts of mail fraud — were a regular way of conducting the ongoing businesses.”
1 later decision quote this exact passage · from the majority“[b]ased on this rationale, various foreign jurisdictions have held that a corporation owes no fiduciary duty to its shareholders ... [a]nalogously, we hold that a limited liability company owes no fiduciary duty to its members, either directly or vicariously, for actions taken by its manager.”
1 later decision quote this exact passage · from the majoritye.g. Gault v. Thacher“[i]t is well established that a corporation owes no fiduciary duty to its shareholders, nor can it be held vicariously liable for the alleged breaches of its officers and directors”
1 later decision quote this exact passage · from the majoritye.g. Gault v. Thacher
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.