Gasner’s Empirical Analysis

Citation profile

1 federal appellate · 13 district · 4 state decisions

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

1. “It shall be unlawful for any person ... [t]o make any untrue statement of material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading ... in connection with the purchase or sale of any security-”

   2 later decisions quote this exact passage
   e.g. 81 F. Supp. 2d 621 - Krim v. Coastal Physician Group, Inc. · 115 F. Supp. 2d 620 - In Re MicroStrategy, Inc. Securities Litigation

2. “[a] direct or proximate relationship between the loss and the misrepresentation.”

   2 later decisions quote this exact passage
   e.g. Joe Miller, IV Robert W. Pearce, Jr. v. Asensio & Company, Incorporated, and Manuel P. Asensio Asensio Capital Management Incorporated John Does 1-20, Joe Miller, IV Robert W. Pearce, Jr. v. Asensio & Company, Incorporated, and Manuel P. Asensio Asensio Capital Management Incorporated John Does 1-20 · Miller IV

3. “[mjisstatements or omissions regarding actual past or present facts are far more likely to be actionable than statements regarding projections of future performance. Generally, the latter will be deemed actionable under § 10(b) and Rule 10b-5 only if they are supported by specific statements of fact or are worded as guarantees.”

   1 later decision quote this exact passage · from the dissent
   e.g. 306 F. Supp. 2d 522 - Keeney v. Larkin