Desimone v. Barrows’s Empirical Analysis
2007
Citation profile
4 federal appellate · 10 district · 24 state decisions
Relationships
Applies 26 U.S.C. § 422
Relies on Bell Atlantic Corp. v. Twombly · Chiarella v. United States · United States v. O'Hagan · Rales v. Blasband Ex Rel. Easco Hand Tools, Inc. · Smith v. Van Gorkom
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] derivative complaint must plead facts specific to each director, demonstrating that at least half of them could not have exercised disinterested business judgment in responding to a demand.”
4 later decisions quote this exact passage“Delaware courts routinely reject the conclusory allegation that because illegal behavior occurred, internal controls must have been deficient, and the board must have known so.”
3 later decisions quote this exact passage“Delaware corporate law has long been clear on [the] notion [ ] that it is utterly inconsistent with one’s duty of fidelity to the corporation to consciously cause the corporation to act unlawfully. The knowing use of illegal means to pursue profit for the corporation is director misconduct.”); see also 8 Del. C. § 102(b)(7)(ii) (providing that an exculpatory charter provision cannot limit a director’s personal monetary liability”
2 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.