D'Alessio v. New York Stock Exchange, Inc.’s Empirical Analysis

Citation profile

29 federal appellate · 4 district · 2 state decisions

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

1. “although the immunity inquiry in Barbara was confined to the NYSE's conduct in connection with disciplinary proceedings, Barbara stood for the broader proposition that a[n] SRO, such as the NYSE, may be entitled to immunity from suit for conduct falling within the scope of the SRO's regulatory and general oversight functions”

   4 later decisions quote this exact passage · from the majority
   e.g. 386 F. Supp. 2d 402 - Scher v. NATIONAL ASS'N OF SECURITIES DEALERS · 411 F. Supp. 2d 416 - Gurfein v. Ameritrade, Inc.

2. “[W]e hold that the NYSE, when acting in its capacity as a SRO, is entitled to immunity from suit when it engages in conduct consistent with the quasi-governmental powers delegated to it pursuant to the Exchange Act and the regulations and rules promulgated thereunder.”

   4 later decisions quote this exact passage · from the majority
   e.g. 386 F. Supp. 2d 402 - Scher v. NATIONAL ASS'N OF SECURITIES DEALERS · In Re NYSE Specialists Securities Litigation

3. “[t]he NYSE, as a[n] SRO, stands in the shoes of the SEC in interpreting the securities laws for its members and in monitoring compliance with those laws . . . [i]t follows that the NYSE should be entitled to the same immunity enjoyed by the SEC when it is performing functions delegated to it under the SEC's broad oversight authority.”

   3 later decisions quote this exact passage · from the majority
   e.g. California Public Employees' Retirement System v. New York Stock Exchange, Inc. · In Re NYSE Specialists Securities Litigation