Behlen v. Merrill Lynch’s Empirical Analysis
311 F.3d 1087 · 2002
Citation profile
25 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 63 later decisions (3 by the Supreme Court) — most recently January 2025 · most notably Dabit v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (2005), Cyan, Inc. v. Beaver County Employees Retirement Fund (2018)
25 federal appellate · 4 district · 1 state decisions
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. § 77P (§ 16 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) · 28 U.S.C. § 1367
Relies on Caterpillar Inc. v. Williams · Blue Chip Stamps v. Manor Drug Stores · Securities & Exchange Commission v. Zandford · Oxford Asset Management, Ltd. v. Jaharis · Butero v. Royal Maccabees Life Insurance
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) Class action limitations No covered class action based upon the statutory or common law of any State or subdivision thereof may be maintained in any State or Federal court by any private party alleging— (1) an untrue statement or omission of a material fact in connection with the purchase or sale of a covered security; or (2) that the defendant used or employed any manipulative or deceptive device or contrivance in connection with the purchase or sale of a covered security. (c) Removal of covered class actions Any covered class action brought in any State court involving a covered security, as set forth in subsection (b), shall be removable to the Federal district court for the district in which the action is pending, and shall be subject to subsection (b).”
4 later decisions quote this exact passage · from the majority“Once an area of state law has been completely pre-empted, any claim purportedly based on that pre-empted state law is considered, from its inception, a federal claim, and therefore arises under federal law.”
1 later decision quote this exact passage · from the majority“clear that the crux of the complaint was that the defendants either misrepresented or omitted crucial facts about the ... shares, thus causing him and the class to invest in inappropriate securities”
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.