Bensley v. Falconstor Software, Inc.’s Empirical Analysis
2011
Citation profile
Relationships
Applies 15 U.S.C. § 77Z (§ 26 of the Securities Act of 1933) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78U (§ 21d of the Securities Exchange Act of 1934)
Relies on Dura Pharmaceuticals, Inc. v. Broudo · Securities & Exchange Commission v. Drexel Burnham Lambert Group, Inc. · In Re: Cendant Corporation Litigation · Erica P. John Fund, Inc. v. Halliburton Co. · 131 S. Ct. 2179 - Erica P. John Fund, Inc. v. Halliburton Co.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it would be unfair to speculate that [a lead plaintiff applicant] will ultimately be able to demonstrate loss causation for its in-and-out transactions, despite its patent failure to allege facts in support thereof. Moreover, such a practice would encourage plaintiffs competing to lead a PSLRA litigation to overstate their losses at the outset of a lawsuit, in hope of a court’s declining to look beyond those conclusory allegations until after discovery, when it might be too late to appoint a more deserving lead plaintiff.... The exclusion of in-and-out shares follows directly from the underlying holding in Dura.”
1 later decision quote this exact passage
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.