Elliott Associates v. J. Henry Schroder Bank & Trust Co.’s Empirical Analysis
838 F.2d 66 · 1988
Citation profile
9 federal appellate · 2 state decisions
How this case has been cited
Cited by 48 later decisions — most recently February 2019 · most notably Lorenz v. CSX Corp. (1993), In Re: Metromedia Fiber Network, Inc. (2005)
9 federal appellate · 2 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
Applies 15 U.S.C. § 77A (§ 1 of the Securities Act of 1933) · 15 U.S.C. § 77O (§ 15 of the Securities Act of 1933)
Relies on Smith v. Harmsen · Cosoff v. Rodman · Browning Debenture Holders' Committee v. Dasa Corp. · Hazzard v. Chase National Bank · Dabney v. Chase Nat. Bank of New York
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“indenture * * * may provide that * * * the indenture trustee shall not be liable except for the performance of such duties as are specifically set out in such indenture.”
2 later decisions quote this exact passage · from the majority“[i]t is equally well-established under state common law that the duties of an indenture trustee are strictly defined and limited to the terms of the indenture.”
2 later decisions quote this exact passage · from the majority“[Wjhile Dabney stands for the proposition that a trustee must refrain from engaging in conflicts of interest, it simply does not support the broad proposition that an implied fiduciary duty is imposed on a trustee to advance the financial interests of the debenture holders during the period prior to default. Because no evidence was offered in the instant case to suggest that [the indenture trustee] benefitted, directly or indirectly, from its decision to waive the 50-day notice, and thus did not engage in a conflict of interest, it is clear that Dab-ney is inapposite to the instant case.”
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.