Resolution Trust Corp. v. Acton’s Empirical Analysis
1994
Citation profile
2 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 19 later decisions — most recently July 2014
2 federal appellate · 1 district · 1 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 12 U.S.C. § 1821
Relies on Anderson v. Liberty Lobby, Inc. · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Fontenot v. Upjohn Co. · Dade v. Cannatella · Topalian v. Ehrman
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“6. Roth may not use the business judgment rule as a defense to his choices with regard to the sale of PHI’s assets to Naturade, nor to any other of his b[r]eaches of the duty of care and the duty of loyalty due to his conflict of interest. The business judgment rule provides a presumption that the officers and directors of a corporation, in making a business decision for that corporation ... acted in the best interest of the corporation .... 7. Because Roth acted in self-interest, he may not enjoy the protection of the business judgment rule. Roth could not have believed that his actions were in the best interest of PNI, all the while denying the existence of, and intentionally covering up, his negotiations with Naturade. Also, with regard to the sale of PNI’s assets, Roth was not acting in the best interest of PNI when he did not obtain a valuation of PNI’s assets, when he failed to shop PNI’s assets in the open market in order to locate possible willing buyers other than Naturade, and when he failed to set up a procedure whereby competing bids for PNI’s assets could be offered and considered. The business judgment rule is inapplicable in this case.”
1 later decision quote this exact passagee.g. Roth v. Mims“that gross negligence is a degree of negligence for statute of limitations purposes.”
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.