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← 919 FSUPP 1007 - Moore v. Simon Enterprises, Inc.

Moore v. Simon Enterprises, Inc.’s Empirical Analysis

1995

Citation profile

5
cited by 5 later decisions
3
states following
March 2006
most recently cited

3 state decisions

Relationships

Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1447

Relies on Carden v. Arkoma Associates · Whalen v. Carter · Lenz v. Associated Inns & Restaurants Co. of America · Curley v. Brignoli, Curley & Roberts Associates · International Primate Protection League v. Administrators of Tulane Educational Fund

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

  1. ““In a derivative suit, a shareholder [or limited partner] sues on behalf of the corporation [or partnership] for harm done to the corporation [or partnership].” By contrast, a Plaintiff bringing an individual, direct action “must be injured directly or independently of the corporation [or partnership]”____ Thus, when a limited partner alleges wrongs to the limited partnership that indirectly damaged a limited partner by rendering his or her interest in the partnership of lesser value, the partner is required to bring the claim derivatively.”
    1 later decision quote this exact passage · from the majority
  2. “Like a shareholder in a corporation, a limited partner enjoys limited liability because of the legal form of the limited partnership—and its separate legal existence. In exchange for this limited liability, the limited partner surrenders his or her rights to bring claims for damages to the limited partnership itself, and must bring such claims derivatively or on behalf of the limited partnership.”
    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.