Spielman v. Merrill Lynch, Pierce, Fenner & Smith, Inc.’s Empirical Analysis

Citation profile

30 federal appellate ·

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

1. “[n]o 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 (A) a misrepresentation or omission of a material fact in connection with the purchase or sale of a covered security; or (B) that the defendant used or employed any manipulative or deceptive device or contrivance in connection with the purchase or sale of a covered security.”

   3 later decisions quote this exact passage · from the majority
   e.g. Romano v. Kazacos · 308 F. Supp. 2d 236 - In Re WorldCom, Inc. Securities Litigation

2. “Congress could not have spoken more clearly”

   3 later decisions quote this exact passage · from the majority
   e.g. Bell v. Ebbers · 308 F. Supp. 2d 236 - In Re WorldCom, Inc. Securities Litigation

3. “by making federal court the exclusive venue for class actions alleging fraud in the sale of certain covered securities and by mandating that such class actions be governed exclusively by federal law.”

   2 later decisions quote this exact passage · from the majority
   e.g. 308 F. Supp. 2d 236 - In Re WorldCom, Inc. Securities Litigation · Dabit v. Merrill Lynch, Pierce, Fenner & Smith, Inc.