Murphy v. Sofamor Danek Group, Inc.’s Empirical Analysis
123 F.3d 394 · 1997
Citation profile
32 federal appellate · 10 district · 2 state decisions
How this case has been cited
Cited by 195 later decisions (2 by the Supreme Court) — most recently April 2024 · most notably Albert Oran v. John Stafford (2000), Barry F. Bovee v. Coopers & Lybrand (2001)
32 federal appellate · 10 district · 2 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 Basic Inc. v. Levinson · Affiliated Ute Citizens of Utah v. United States · Bibby v. United States · Kelly v. Robinson · Chitwood v. McLemore
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 195 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he proposition that the company was engaging in illegal promotion of its products .... is not a proposition that can fairly be said to fall into the category of “hard” information. Hard information “is typically historical information or other factual information that is objectively verifiable.... Such information is to be contrasted with “soft” information, which includes predictions and matters of opinion.””
7 later decisions quote this exact passage · from the majority“[s]ilence, absent a duty to disclose, is not misleading under Rule 10b-5.”
6 later decisions quote this exact passage · from the majoritye.g. In Re: K-Tel International, Inc. Securities Litigation Pasquale Migliaccio Creative Care Corporation Glen Reudolph Morton Kahn David Rea Henry Werres Claude Seymour Igal Mammon Neil Litton, Dr. Jerry Booth Joseph Erlich Gary Ewin Tim Murchison Stanford D. Williams Rev. R.G. Moore Murray N. Johnson Elizabeth Alpert Arthur Alves Societe Financiere Privee and Ravi Anand, on Behalf of Themselves and All Others Similarly Situated v. K-Tel International, Inc. Philip Kives Lawrence Kives, Securities and Exchange Commission, Amicus on Behalf Of · 200 F. Supp. 2d 853 - Morse v. McWhorter“`only if [it is] ... virtually as certain as hard facts.'”
5 later decisions 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.