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← 885 F.2d 1449 - Hocking v. Dubois

Hocking v. Dubois’s Empirical Analysis

885 F.2d 1449 · 1989

Citation profile

66
cited by 66 later decisions
7
states following
June 2024
most recently cited

23 federal appellate · 6 district · 8 state decisions

How this case has been cited

Cited by 66 later decisions — most recently June 2024 · most notably Teague, Holden v. Hagopian (1992)

23 federal appellate · 6 district · 8 state decisions

34019891990200020102020decided

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. § 77B (§ 2 of the Securities Act of 1933) · 15 U.S.C. § 77K (§ 11 of the Securities Act of 1933) · 15 U.S.C. § 78C (§ 3 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934)

Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · First Nat. Bank of Ariz. v. Cities Service Co. · Blue Chip Stamps v. Manor Drug Stores · Securities & Exchange Commission v. W. J. Howey Co.

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

  1. “(1) an agreement among the parties leaves so little power in the hands of the partner or venturer that the arrangement in fact distributes power as would a limited partnership; or (2) the partner or venturer is so inexperienced and unknowledgeable in business affairs that he is incapable of intelligently exercising his partnership or venture powers; or (3) the partner or venturer is so dependent on some unique entrepreneurial or managerial ability of the promoter or manager that he cannot replace the manager of the enterprise or otherwise exercise meaningful partnership or venture powers.”
    6 later decisions quote this exact passage
  2. “the efforts made by those other than the investor are the undeniably significant ones, those essential managerial efforts which affect the failure or success of the enterprise.”
    5 later decisions quote this exact passage
  3. “under different facts or legal arrangements other factors might [also] give rise to such a dependence on the promoter or manager that exercise of control would be effectively precluded.”
    3 later decisions 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.