Lewis v. Ward’s Empirical Analysis

Citation profile

4 district · 28 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(i) if the merger itself is the subject of a claim of fraud, being perpetrated merely to deprive shareholders of the standing to bring a derivative action; or (ii) if the merger is in reality merely a reorganization which does not affect plaintiffs ownership in the business enterprise.”

   2 later decisions quote this exact passage
   e.g. California State Teachers' Retirement v. Don L. Blankenship · 597 F. Supp. 2d 427 - In Re Merrill Lynch & Co., Inc., Securities

2. “to eliminate abuses associated with a derivative suit and to ensure that upon the merger the derivative rights pass to the surviving corporation which then has the sole right or standing to prosecute the action.”

   1 later decision quote this exact passage
   e.g. California State Teachers' Retirement v. Don L. Blankenship

3. “To have standing to maintain a shareholder derivative suit, a plaintiff must be a shareholder at the time of the filing of the suit and must remain a shareholder throughout the litigation.”

   1 later decision quote this exact passage
   e.g. California State Teachers' Retirement v. Don L. Blankenship