Velez v. Feinstein’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 4 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In an action brought by a beneficiary on behalf of the trust, the beneficiary must show why he has the right to exercise the power, which the law and the trust agreement in the first instance confide in the trustees, to bring a suit on behalf of the trust. This will normally require either a showing of a demand on the trustees to bring the suit, and of a refusal so unjustifiable as to constitute an abuse of the trustee’s discretion, or a showing that suit should be brought and that because of the trustees’ conflict of interest, or some other reason, it is futile to make such a demand.”

   1 later decision quote this exact passage · from the majority
   e.g. 637 F. Supp. 2d 924 - Braddock Financial Corp. v. Washington Mutual Bank

2. “Where a claim exists in favor of the trust ... against third persons and the trustees are under a duty to enforce that claim and have improperly and unjustifiably failed to do so, the beneficiaries may bring a suit on behalf of the trust, analogous to stockholders' derivative suits on behalf of a corporation.”

   1 later decision quote this exact passage · from the majority
   e.g. Saunders v. MURATORI

3. “'It is fundamental to the law of trusts that cestuis have the right 'upon the general principles of equity' ... and "independently of [statutory] provisions ... to sue for the benefit of the trust on a cause of action which belongs to the trust if the trustees refuse to perform their duty in that respect.”

   1 later decision quote this exact passage · from the majority
   e.g. Saunders v. MURATORI