Peller v. Southern Co.’s Empirical Analysis
911 F.2d 1532 · 1990
Citation profile
4 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 26 later decisions — most recently May 2024 · most notably Blasband v. Rales (1992), Stepak v. Addison (1994)
4 federal appellate · 1 district · 4 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
Relies on Burks v. Lasker · Aronson v. Lewis · Zapata Corp. v. Maldonado · Spiegel v. Buntrock · Rothenberg v. Security Management 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Prerequisites. This rule applies when one or more shareholders or members of a corporation ... bring a derivative action to enforce a right that the corporation ... may properly assert but has failed to enforce. The derivative action may not . be maintained'if it appears that the plaintiff does not fairly and adequately represent the interests of shareholders or members who are similarly situated in enforcing the- right of the corporation .... (b) Pleading Requirements'. The complaint must be verified and must: (1) allege that the plaintiff was a shareholder or member at the time of the transaction complained of, or that the plaintiffs share or membership later devolved on it by operation of law; (2) allege that the action is not a collusive one to confer jurisdiction that the court would otherwise lack; and (3) state with particularity: (A) any effort by the plaintiff to obtain the desired action from the directors or comparable authority and, if necessary, from the shareholders or members; and (B) ' the reasons for not obtaining the action or not making the effort.”
2 later decisions quote this exact passage · from the majority“In a derivative action brought by one or more shareholders or members to enforce a right of a corporation ..., the corporation ... having failed to enforce a right which may be properly asserted by it,____ The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of the shareholders or members similarly situated in enforcing the right of the corporation____ The action shall not be dismissed or compromised without the approval of the court____ Fed.R.Civ.P. 23.1.”
1 later decision quote this exact passage · from the majority“We review the district court's denial of the motion for dismissal pursuant to Rule 23.1 [of the Federal Rules of Civil Procedure] for abuse of discretion.”
1 later decision quote this exact passage · from the majority
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.