Fed. Sec. L. Rep. P 93,809 Oliver Lanning v. O. E. Serwold, Jr.’s Empirical Analysis
474 F.2d 716 · 1973
Citation profile
19 federal appellate ·
How this case has been cited
Cited by 27 later decisions — most recently September 1999 · most notably Walling v. Beverly Enterprises (1973), Stephenson v. Calpine Conifers II, Ltd. (1981)
19 federal appellate ·
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. § 78J (§ 10 of the Securities Exchange Act of 1934)
Relies on United Mine Workers of America v. Gibbs · Superintendent of Insurance of State of New York v. Bankers Life and Casualty Company · Ogletree v. Ohio · A. T. Brod & Co. v. Jack Perlow and Adele Perlow, Also Known as Adele Wagner · Ruby v. Secretary of the United States Navy
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““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, (a) To employ any device, scheme, or. artifice to defraud, (b) To make any untrue statement of a material fact or to omit 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 (o) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with the purchase or sale of any security.””
3 later decisions quote this exact passage · from the majority““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— * # Si* ❖ ❖ (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“clear that the court determined that the action could not be saved by any amendment of the complaint which the plaintiff could reasonably be expected to make.”
1 later decision quote this exact passage · from the majoritye.g. Blevins v. Ford
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.