Suna v. Bailey Corp.’s Empirical Analysis
1997
Citation profile
8 federal appellate · 44 district ·
How this case has been cited
Cited by 70 later decisions — most recently August 2022 · most notably In re Burlington Coat Factory Securities Litigation (1997), Lawrence Greebel Richard Crane Brian Robinson John Ann Somers v. Ftp Software Inc (1999)
8 federal appellate · 44 district ·
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. § 771 (CAN-SPAM Act of 2003) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78T (§ 20 of the Securities Exchange Act of 1934)
Relies on Basic Inc. v. Levinson · Shields v. Citytrust Bancorp, Inc. · Mills v. Polar Molecular Corp. · New England Data Services, Inc. v. Becher · O'Brien Waco "A" v. National Property Analysts Partners
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t was the Company’s practice to have top managers, namely, Chief Financial Officer Heilman, communicate regularly with securities analysts ... to discuss, among other things, the Company’s earnings prospects, its products, the efficiency of the Company’s manufacturing plants, anticipated financial performance, and to provide detailed “guidance” to these analysts with respect to the Company’s business, including projected revenues, earnings, and of particular importance to analysts, earnings per share.”
5 later decisions quote this exact passage“(a) [t]o employ any device, scheme, or artifice to defraud, (b) [t]o make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading, or (c) [t]o engage in any act, practice, or course of business which operates ... as a fraud or deceit upon any person, in connection with the purchase or sale of any security.” 17 C.F.R. § 240 .10b-5. 2 . Section 20(a) provides:”
4 later decisions quote this exact passage“§ 78j. Manipulative and deceptive devices It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange ... (b) To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. 15 U.S.C. § 78j(b).”
3 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.