Seiler v. E.F. Hutton & Co.’s Empirical Analysis
1984
Citation profile
3 federal appellate · 17 district · 3 state decisions
How this case has been cited
Cited by 42 later decisions — most recently August 2010 · most notably Retired Chicago Police Association Carepac v. City of Chicago M, Kirkpatrick v. J.C. Bradford & Co. (1987)
3 federal appellate · 17 district · 3 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
Applies 15 U.S.C. § 78A (§ 1 of the Securities Exchange Act of 1934)
Relies on Eisen v. Carlisle & Jacquelin · General Telephone Co. of Southwest v. Falcon · Provident Tradesmens Bank & Trust Co. v. Patterson · Texas Industries, Inc. v. Radcliff Materials, Inc. · Northwest Airlines, Inc. v. Transport Workers Union
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The record developed in this case reveals a series of highly individualized presentations by Hutton brokers to their clients. It appears that these representations were more often than not oral, generally in telephone conversations. Brokers were not directed by Hutton to make a standard “pitch” about TEI securities. Instead, they selected individually the stocks they would recommend, the customers to whom they would make their recommendations, and the frequency and manner of their recommendations. Although Hutton’s research department produced a series of enthusiastic written reports about recommending TEI, the record does not indicate that these reports were uniformly disseminated by brokers to their clients. To the contrary, it appears that Hutton brokers chose on a case-by-case basis the reports they would disseminate and the customers to whom they would send this information. The written reports that were sent out were further individualized by brokers’ personal annotations to their clients.”
1 later decision quote this exact passage · from the majority“In the absence of any demonstrable standardized communications ... the nature of the representations made is a factual question which must be answered on an individual basis, plaintiff by potential plaintiff.”
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.