Gilbert v. Meyer’s Empirical Analysis
1973
Citation profile
4 federal appellate ·
Relationships
Applies 15 U.S.C. § 78A (§ 1 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78C (§ 3 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934)
Relies on Affiliated Ute Citizens of Utah v. United States · Cromwell v. County of Sac · Dairy Queen, Inc. v. Wood · Glidden Company v. Zdanok Et Al. · Deckert v. Independence Shares Corp.
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““a constructive trust is a fiction imposed as an equitable device for achieving justice. This court ... need not resort to a ‘legal fiction’ to afford plaintiff relief upon the facts alleged in the complaint____ [Tjhis court, acting upon a violation of 10(b) and Rule 10b-5, can directly award to plaintiff money damages, enter a judgment to that effect and enforce execution of that judgment without the need for equity’s intervention. Indeed, in all instances in the complaint where plaintiff has requested the imposition of a constructive trust this Court can afford plaintiff full relief by awarding money damages.””
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.