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← 321 F. Supp. 2d 749 - In Re Cable & Wireless, PLC, Securities Litigation

321 F. Supp. 2d 749 - In Re Cable & Wireless, PLC, Securities Litigation’s Empirical Analysis

2004

Citation profile

11
cited by 11 later decisions
March 2018
most recently cited

1 district ·

Relationships

Applies 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78T (§ 20 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78U (§ 21d of the Securities Exchange Act of 1934)

Relies on Conley v. Gibson · Foman v. Davis · United States v. Ron Pair Enterprises, Inc. · Ernst & Ernst v. Hochfelder · Basic Inc. v. Levinson

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Because the only issues on appeal relate to the state law claims, we need not assess whether the allegations satisfy the heightened pleading requirements for federal securities fraud claims enacted in the Private Securities Litigation Reform Act of 1995.” Dunn, 369 F.3d at 426 n. 13 6 . "The following statements, which Plaintiffs contend are false statements, amount to little more than inactionable puffery or corporate optimism. See Compl. ¶ 103 ("these results demonstrate healthy growth and exceptionally strong finances”); Id. ¶ 119 ("we are achieving our objectives ... [C & W's] unique financial strength is a fundamental advantage as the shakeout in our sector continues”); Id. ¶ 125 ("our current strong net cash position of £2.2 billion remains a source of competitive advantage with our corporate customers”); Id. ¶ 129 (“results are in line with our expectations ...” "Revenues ... have continued to grow ...”
    1 later decision quote this exact passage · from the majority
  2. “Any person who violates any provision of this chapter or the rules or regulations thereunder by purchasing or selling a security while in possession of material, nonpublic information shall be liable in an action in any court of competent jurisdiction to any person who, contemporaneously with the purchase or sale of securities that is the subject of such violation, has purchased (where such violation is based on a sale of securities) or sold (where such violation is based on a purchase of securities) securities of the same class.”
    1 later decision quote this exact passage · from the majority
  3. “a certain kind of rosy affirmation commonly heard from corporate managers and familiar to the marketplace — loosely optimistic statements that are so vague, so lacking in specificity, or so clearly constituting the opinions of the speaker, that no reasonable investor could find them important to the total mix of information available.”
    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.