Dunn v. Borta’s Empirical Analysis
369 F.3d 421 · 2004
Citation profile
1 federal appellate · 5 district · 3 state decisions
How this case has been cited
Cited by 24 later decisions — most recently November 2022
1 federal appellate · 5 district · 3 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
Relies on Basic Inc. v. Levinson · TSC Industries, Inc. v. Northway, Inc. · Kowal v. MCI Communications Corp. · Mylan Laboratories, Inc. v. Matkari · Harrison v. Westinghouse Savannah River Co.
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen a proposed seller goes beyond [mere exaggeration of the qualities which an article has], assigns to the article qualities which it does not possess, does not simply magnify in opinion the advantages which it has but invents advantages and falsely asserts their existence, he transcends the limits of ‘puffing’ and engages in false representations and pretenses'.”
2 later decisions quote this exact passage · from the majority“[a]ny person who ... sells a security by means of an untrue statement of a material fact or any omission to state a material fact necessary in order to make the statement made, in the light of the circumstances under which they were made, not misleading (the purchaser not knowing of such untruth or omission), and who shall not sustain the burden of proof that he did not know, and in the exercise of reasonable. care could not .have known, of such untruth or omission, shall be liable to the person purchasing such security from him who may sue either at law or in equity to recover the consideration paid for such security, together with interest thereon at the annual rate of six percent, costs, and reasonable attorneys’ fees, less the amount of any income received oh the security, upon the tender of such security, or for the substantial, equivalent, in damages if he no longer owns the security.”
1 later decision quote this exact passage · from the majority“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 .”
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.