Vincent v. Moench’s Empirical Analysis
473 F.2d 430 · 1973
Citation profile
31 federal appellate · 9 district · 4 state decisions
How this case has been cited
Cited by 52 later decisions — most recently April 2009 · most notably Kerbs v. Fall River Industries, Inc. (1974), McCown v. Heidler (1975)
31 federal appellate · 9 district · 4 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
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 Securities & Exchange Commission v. W. J. Howey Co. · Superintendent of Insurance of State of New York v. Bankers Life and Casualty Company · Securities & Exchange Commission v. Capital Gains Research Bureau, Inc. · Securities & Exchange Commission v. C. M. Joiner Leasing Corp. · S. S. W., Inc. v. Air Transport Ass'n of America
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is the substance of this scheme upon which we must focus and not its form. 'Substance is exalted over form and emphasis is placed on economic reality'”
3 later decisions quote this exact passage · from the majority“"The `purchase' or `sale' requirement, derived as it is from the actual language of the 1934 Act which makes unlawful any deceptive or manipulative device employed `in connection with the purchase or sale of any security,' contemplates a causal connection between the alleged fraud and the purchase or sale of stock." (Emphasis added.)”
2 later decisions quote this exact passage · from the majority“[w]hether a particular investment constitutes a security depends upon the facts and circumstances of the case. . Substance is exalted over form and emphasis is placed on economic reality. Id. at 435 .”
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.