Banghart’s Empirical Analysis

Citation profile

1 district · 5 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 11 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.”

   2 later decisions quote this exact passage · from the majority
   e.g. 49 F. Supp. 2d 1363 - Securities & Exchange Commission v. Friendly Power Co. · 131 F. Supp. 3d 1118 - Avenue Capital Management II, L.P. v. Schaden

2. “whether the scheme involves an investment of money in a common enterprise with profits to come solely from the efforts of others.”

   1 later decision quote this exact passage · from the majority
   e.g. Uselton v. Commercial Lovelace Motor Freight, Inc.

3. “allocates powers to general partners that are specific and unambiguous” and provide those partners”

   1 later decision quote this exact passage · from the majority
   e.g. 131 F. Supp. 3d 1118 - Avenue Capital Management II, L.P. v. Schaden