ABC Arbitrage Plaintiffs Group v. Tchuruk’s Empirical Analysis
291 F.3d 336 · 2002
Citation profile
48 federal appellate · 1 district ·
How this case has been cited
Cited by 151 later decisions — most recently January 2023 · most notably Southland Securities Corp. v. Inspire Insurance Solutions Inc. (2004), Rosenzweig v. Azurix Corp. (2003)
48 federal appellate · 1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Basic Inc. v. Levinson · TSC Industries, Inc. v. Northway, Inc. · Kowal v. MCI Communications Corp. · In re Burlington Coat Factory Securities Litigation · Janas v. McCracken
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 151 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] plaintiff pleading a false or misleading statement or omission as the basis for a section 10(b) and Rule 10b-5 securities fraud claim must, to avoid dismissal pursuant to Rule 9(b) and 15 U.S.C. §§ 78u-4(b)(l) & 78u-4(b)(3)(A) [the PSLRA]: (1) specify ... each statement alleged to have been misleading, i.e., contended to be fraudulent; (2) identify the speaker; (3) state when and where the statement was made; (4) plead with particularity the contents of the false representations; (5) plead with particularity what the person making the misrepresentation obtained thereby; and (6) explain the reason or reasons why the statement is misleading, i.e., why the statement is fraudulent.”
13 later decisions quote this exact passage · from the majority“In any private action arising under this chapter in which the plaintiff alleges that the defendant— (A) made an untrue statement of a material fact; or (B) omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances in which they were made, not misleading; the complaint shall specify each statement alleged to have been misleading, the reason or reasons why the statement is misleading, and, if an allegation regarding the statement or omission is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed.”
7 later decisions quote this exact passage · from the majority“[A] complaint can meet the new pleading requirement... by providing documentary evidence.”
6 later decisions quote this exact passage · from the majority
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.