119 F. Supp. 2d 12 - Fitzer v. Security Dynamics Technologies, Inc.’s Empirical Analysis

Citation profile

2 federal appellate · 23 district ·

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

1. “[WJhere plaintiffs rely on confidential personal sources but also on other facts, they need not name their sources as long as the latter facts provide an adequate basis for believing that the defendants’ statements were false. Moreover, even if personal sources must be identified, there is no requirement that they be named, provided they are described in the complaint with sufficient particularity to support the probability that a person in the position occupied by the source would possess the information alleged. In both of these situations, the plaintiffs will have pleaded enough facts to support their belief, even though some arguably relevant facts have been left out.”

   2 later decisions quote this exact passage
   e.g. Mesko v. Cabletron System, Inc. · In re Cabletron Systems Inc

2. “[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.”

   1 later decision quote this exact passage
   e.g. 183 F. Supp. 2d 860 - In Re Securities Litigation BMC Software, Inc.

3. “It shall be unlawful for any person ... (a) To employ any device, scheme, or artifice to defraud, (b) To make any untrue statement of material fact or to 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) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security.”

   1 later decision quote this exact passage
   e.g. In Re Focus Enhancements, Inc. Securities Litigation