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← 201 F. Supp. 2d 1238 - Temple v. Gorman

201 F. Supp. 2d 1238 - Temple v. Gorman’s Empirical Analysis

2002

Citation profile

17
cited by 17 later decisions
5
states following
August 2008
most recently cited

2 federal appellate · 4 district · 8 state decisions

Relationships

Applies 15 U.S.C. § 77D (§ 4 of the Securities Act of 1933) · 15 U.S.C. § 77M (§ 13 of the Securities Act of 1933) · 15 U.S.C. § 77R (§ 18 of the Securities Act of 1933)

Relies on Conley v. Gibson · Medtronic, Inc. v. Lohr · McGinnis v. Hadix · McGinnis v. Hadix · Harper v. Blockbuster Entertainment Corp.

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

  1. “"Here, Plaintiffs have alleged that Defendants' private placement of securities `purported to be exempt from registration pursuant to Rule 506 of Regulation D promulgated by the SEC.' ... Construing this allegation in Plaintiffs' favor, the Court finds that the securities in this case were `offered or sold pursuant to a Commission rule or regulation adopted under section 4(2).' Regardless of whether the private placement actually complied with the substantive requirements of Regulation D or Rule 506, the securities sold to Plaintiffs are federal `covered securities' because they were sold pursuant to those rules. As a result, Fla. Stat. § 517.07 does not require registration of such securities."”
    4 later decisions quote this exact passage · from the majority
  2. “[w]here a Form D was filed with the SEC for a transaction that purported to merit an exemption . . ., Florida law could not require duplicative registration.”
    1 later decision quote this exact passage · from the majority
  3. “transaction that is exempt from registration ... pursuant to ... [SEC] rules or regulations issued under [§ 4(2) of the Securities Act].”
    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.