Silverman v. Landa’s Empirical Analysis
306 F.2d 422 · 1962
Citation profile
13 federal appellate · 1 district ·
How this case has been cited
Cited by 25 later decisions (1 by the Supreme Court) — most recently January 1993 · most notably Kern County Land Company v. Occidental Petroleum Corporation (1973), Abrams v. Occidental Petroleum Corp. (1971)
13 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
Applies 15 U.S.C. § 78C (§ 3 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78P (§ 16 of the Securities Exchange Act of 1934)
Relies on Smolowe v. Delendo Corp. · Garrison v. United States · Blau v. Ogsbury · Delendo Corp. v. Smolowe · Falco v. Donner Foundation, Inc.
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““By its nature, the option is one-sid- • ed; it fixes the obligations, but not the rights, of the issuer. Landa cannot be said to have ‘sold’ or ‘purchased’ Fruehauf stock; should the options lapse unexercised (and in fact the call options did so lapse), no change in his beneficial ownership of the underlying security would occur. And, most importantly, any change would occur at the pleasure of the optionee. Only if both the options had been exercised within their first six months would there have been a ‘sale and purchase’ of the underlying security within the reach of § 16(b).” Silverman v. Landa, 306 F.2d 422, 424 (2d Cir.1962).”
2 later decisions quote this exact passage · from the majority“an “instrument which is issued in bearer or registered form * * * of a type commonly dealt in upon securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment”.”
1 later decision quote this exact passage · from the majority““any stock or similar security; or any security convertible * * * into such a security, or carrying any warrant or right to subscribe to or purchase such a security; or any such warrant or right * * * ”.”
1 later decision 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.