Klamberg v. Roth’s Empirical Analysis
1979
Citation profile
2 district ·
How this case has been cited
Cited by 36 later decisions — most recently October 2016 · most notably 785 F. Supp. 411 - Compania Sud-Americana De Vapores S.A. v. IBJ Schroder Bank & Trust Co. (1992), Issen v. GSC Enterprises., Inc. (1981)
2 district ·
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. § 77Q (§ 17 of the Securities Act of 1933) · 15 U.S.C. § 77V (§ 22 of the Securities Act of 1933) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 26 U.S.C. § 165 · 26 U.S.C. § 401 (Self-Employed Individuals Tax Retirement Act of 1962) · 26 U.S.C. § 503 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Conley v. Gibson · Ernst & Ernst v. Hochfelder · Affiliated Ute Citizens of Utah v. United States · Santa Fe Industries, Inc. v. Green · Desist v. United States
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) It shall be unlawful for any person in the offer or sale of any securities by the use of any means or instruments of transportation or communication in interstate commerce or by the use of the mails, directly or indirectly— (1) to employ any device, scheme, or artifice to defraud, or (2) to obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or (3) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser.”
1 later decision quote this exact passage · from the dissent“It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange— (b) To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.”
1 later decision quote this exact passage · from the majority“[B]efore the court can ask “Was the conduct deceptive?”, it must first ascertain “To whom?” Since a 10b-5 action requires a causal connection between the defendant’s violation and the plaintiff’s loss, the allegedly deceived observers will have to be persons who were in. a position to make a decision that led to that loss.”
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.