Securities & Exchange Commission v. Culpepper’s Empirical Analysis

Citation profile

102 federal appellate · 16 district · 3 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 198 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Along with its power to hear the case, the court’s power to grant in-junctive relief survives discontinuance of the illegal conduct, (citing cases) The purpose of an injunction is to prevent future violations, Swift & Co. v. United States, 1928, 276 U.S. 311, 326 , 48 S.Ct. 311 , 72 L.Ed. 587 , and, of course, it can be utilized even without a showing of past wrongs. But the moving party must satisfy the court that relief is needed. The necessary determination is that there exists some cognizable danger of recurrent violation, something more than the mere possibility which serves to keep the case alive. The chancellor’s decision is based on all the circumstances; his discretion is necessarily broad and a strong showing of abuse must be made to reverse it. To be considered are the bona tides of the expressed intent to comply, the effectiveness of the discontinuance and, in some cases, the character of the past violations.””

   9 later decisions quote this exact passage · from the majority
   e.g. Securities & Exchange Commission v. MacElvain · 197 F. Supp. 417 - First National Bank in Billings v. First Bank Stock Corp.

2. “participates or has a direct or indirect participation in any (distribution of any security by an issuer), or participates or has a participation in the direct or indirect underwriting of any such undertaking.”

   4 later decisions quote this exact passage · from the majority
   e.g. Seattle-First National Bank v. Carlstedt · Securities & Exchange Commission v. Galaxy Foods, Inc.

3. “(a) Making use of any means or instruments of transportation or communication in interstate commerce or of the mails, to offer to sell, through the use or medium of any prospectus or otherwise, investment contracts involving claims to oil, gas and other mineral rights in submerged lands located off the coast of Santa Barbara, California, or any other securities, unless and until a registration statement has been filed with the Securities and Exchange Commission as to such securities; (b) Making use of any means or instruments of transportation or communication in interstate commerce to sell such securities, through the use or medium of any prospectus or otherwise, unless and until a registration statement is in effect with the Securities and Exchange Commission as to such securities; (c) Carrying such securities or causing them to be carried through the mails or in interstate commerce by any means or instruments of transportation for the purpose of sale or delivery after sale, unless and until a registration statement is in effect with the Securities and Exchange Commission as to such securities. Provided, however, that nothing in the requested injunction shall apply to any security which is exempt from the provisions of Section 5 of the Securities Act of 1933, as amended.”

   3 later decisions quote this exact passage · from the majority
   e.g. Securities & Exchange Commission v. MacElvain · 294 F. Supp. 1136 - Securities & Exchange Commission v. Computronic Industries Corp.