384 F. Supp. 1312 - Broder v. Dane’s Empirical Analysis
1974
Citation profile
2 federal appellate · 1 district · 1 state decisions
Relationships
Applies 15 U.S.C. § 78N (§ 14 of the Securities Exchange Act of 1934)
Relies on Affiliated Ute Citizens of Utah v. United States · Mills v. Electric Auto-Lite Co. · Coates v. Securities & Exchange Commission · Securities & Exchange Commission v. Texas Gulf Sulphur Co. · Johnson v. Railway Express Agency, Inc.
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.
“In evaluating the balance of the hardships, the Court takes cognizance of the repeated declarations by our court of appeals that in tender offer cases the flexible application of a preliminary injunction is often the best manner in which to effectuate the goals of the Williams Act. This is not to say that injunctive relief should be granted lightly, but when a plaintiff raises serious questions going to the merits, and relief can be fashioned which protects the public investor without significantly damaging the offering party, such relief is fully warranted. See M.G.M. v. Transamerica Corp., 303 F.Supp. 1344, 1348 (S.D.N.Y.1969) (Mansfield, J.).”
1 later decision quote this exact passage · from the majority“unlawful for any person to make any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, or to engage in any fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer or request or invitation for tenders, or any solicitation of security holders in opposition to or in favor of any such offer, request, or invitation.”
1 later decision quote this exact passage · from the majority“In enacting this legislation, Congress was responding to the fact that the tender offer mechanism, the use of which had burgeoned in the 1960’s, was substantially unregulated by the securities laws as they existed prior to 1968. As a result, shareholders to whom a tender offer was directed, often found themselves making a decision as to whether or not to tender without the benefit of an adequate factual foundation upon which to ground that decision.”
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.