Maksym v. Loesch’s Empirical Analysis
937 F.2d 1237 · 1991
Citation profile
60 federal appellate · 2 district · 11 state decisions
How this case has been cited
Cited by 131 later decisions — most recently February 2019 · most notably Waldridge v. American Hoechst Corp. (1994), Reed v. Gardner (1993)
60 federal appellate · 2 district · 11 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 95 Ill. 2d 452 - Franciscan Sisters Health Care Corp. v. Dean · 72 Ill. App. 3d 37 - Mother Earth, Ltd. v. Strawberry Camel, Ltd. · Herman v. City of Chicago · 78 Ill. 2d 217 - Rhoades v. Norfolk & Western Railway Co. · Northwestern National Insurance v. Donovan
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 131 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Fiduciary law does not send the dark cloud of presumptive impropriety over the contract that establishes the fiduciary relationship in the first place and fixes the terms of compensation for it.”
3 later decisions quote this exact passage · from the majority“most fiduciary relationships are established by contract and are not eleemosynary.”
3 later decisions quote this exact passage · from the majority“Laches is an equitable doctrine but one increasingly applied in cases at law (such as this case, since the plaintiff is seeking only damages) as well. Not only is there a long tradition of applying equitable defenses in cases at law—indeed, fraud itself is an equitable defense typically interposed in suits at law for breach of contract—but with the merger of law and equity (Fed. R. Civ. P. 2) there is no longer a good reason to distinguish between the legal and equitable character of defenses....”
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.