Schlessinger v. Valspar Corp.’s Empirical Analysis

Citation profile

4 federal appellate ·

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

1. “In our view, this case is much like Keru-sa, which involved a common-law tort claim. In Kerusa, we held that the purchaser of a condominium could not sue the building’s sponsor for common-law fraud where the purported fraud was predicated solely on alleged material omissions from the offering plan amendments mandated by the Martin Act (General Business Law art. 23-A) and the. Attorney General’s implementing regulations. As in this case, then, the purported claim would not have existed absent provisions in a statute-in Kerusa, the Martin Act; here, General Business Law § 395-a. We concluded that “to accept Kerusa’s pleading as valid would invite a backdoor private cause of action to enforce the Martin Act in contradiction to our holding ... that no private right to enforce that statute exists.” Schlessinger, 969 N.Y.S.2d 416 , 991 N.E.2d at 192-93 (citations omitted); see also Schlessinger v. Valspar Corp., 723 F.3d 396, 398 (2d Cir. 2013) (Schles-singer III).”

   1 later decision quote this exact passage · from the majority
   e.g. National Convention Services, L.L.C. v. Applied Underwriters Captive Risk Assurance Co.