Demarco v. Edens’s Empirical Analysis
390 F.2d 836 · 1968
Citation profile
47 federal appellate · 33 district · 11 state decisions
How this case has been cited
Cited by 222 later decisions — most recently April 2019 · most notably Robidoux v. Celani (1993), Lanza v. Drexel & Co. (1973)
47 federal appellate · 33 district · 11 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 Hansberry v. Lee · Cardillo v. United States · 228 F. Supp. 757 - Trussell v. United Underwriters, Ltd. · Rogen v. Ilikon 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 222 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(2) offers or sells a security (whether or not exempted by the provisions of section 77c of this title, other than paragraph (2) of subsection (a) of said section), by the use of any means or instruments of transportation or communication in interstate commerce or of the mails, by means of a prospectus or oral communication; which includes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements, 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 in any court of competent jurisdiction, to recover the consideration paid for such security with interest thereon, less the amount of any income received thereon, upon the tender of such security, or for damages if he no longer owns the security.”
7 later decisions quote this exact passage · from the majority“unless the controlling person had no knowledge of or reasonable ground to believe in the existence of the facts by reason of which the liability of the controlled person is alleged to exist.”
2 later decisions quote this exact passage · from the majority““It is fundamental that those seeking to maintain an action as a class action must make a positive showing that it would be impracticable to deny the prayer.””
2 later decisions 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.