Grill v. Hoblitzell’s Empirical Analysis

Citation profile

1 federal appellate · 3 state decisions

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[c]ertainly, a provision prohibiting directors from bringing suits against each other would deprive the directors "of the ability to exercise independent judgment as to the advisability of instituting action against any officer or director for mismanagement, and thereby [divest them] of the power to govern this aspect of the corporation's affairs."”

   2 later decisions quote this exact passage · from the majority
   e.g. Auletta v. Ortino · In Re Ferro Corp. Derivative Litigation

2. “[Pjlaintiff contends that because he has charged all of the directors of MNC with dereliction of duty, he is excused from making any demand upon them. Plaintiff’s position is overly simplistic. As he himself urges, Maryland law requires a “practical” and “common sense” inquiry into the issue of whether a demand upon directors (and shareholders) would be futile. Common sense dictates that this inquiry cannot begin and end with a mere conclusory allegation that the directors have been guilty of misconduct. If that were all that were required, the futility exception would swallow the demand rule. (Citations omitted.) 1”

   1 later decision quote this exact passage · from the majority
   e.g. 787 F. Supp. 84 - In Re Mortgage & Realty Trust Securities Litigation