Howard v. Levine’s Empirical Analysis
1965
Citation profile
6 federal appellate ·
Relationships
Applies 15 U.S.C. § 77A (§ 1 of the Securities Act of 1933) · 15 U.S.C. § 78A (§ 1 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934)
Relies on Birnbaum v. Newport Steel Corp. · Fischman v. Raytheon Mfg. Co. · Ruckle v. Roto American Corp. · O'Neill v. Maytag · 99 F. Supp. 701 - Joseph v. Farnsworth Radio & Television 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The instant complaint is fatally defective for the allegations here do not show the gravamen of defendants’ activities to be any wise ‘in connection with the purchase or sale of any security’ as those words have been construed in their statutory setting. Whatever fraud is alleged here (it is in bare skeletal form) is directed against the government, notwithstanding its possible incidental market impact. Furthermore, defendants or persons associated with them did not participate in the security transactions involved. Joseph v. Farnsworth Radio & Television Corp., 99 F.Supp. 701 (S.D.N.Y.1951), aff’d per curiam, 198 F.2d 883 (2d Cir. 1952). Cf. Fisch-man v. Raytheon Mfg. Co., 188 F.2d 783 (2d Cir. 1951); H. L. Green Co., Inc. v. Childree, 185 F.Supp. 95 (S.D. N.Y.1960). * * *””
1 later decision quote this exact passage · from the majority“«* * * there being no diversity jurisdiction alleged, any causes of action recognized under state law as set forth in the complaint should also be dismissed. Ruckle v. Roto American Corp., 339 F.2d 24, 27 (2d Cir. 1964) * * *»”
1 later decision quote this exact passage · from the majority“in connection with the purchase or sale of any security”
1 later decision quote this exact passage · from the majoritye.g. Heit v. Weitzen
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.