Leventhal v. Tow’s Empirical Analysis
1999
Citation profile
4 federal appellate · 5 district ·
How this case has been cited
Cited by 25 later decisions — most recently November 2015 · most notably Kalnit v. Eichler (2001), Phillips v. LCI International, Inc. (1999)
4 federal appellate · 5 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. § 78J (§ 10 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78U (§ 21d of the Securities Exchange Act of 1934)
Relies on Conley v. Gibson · Scheuer v. Rhodes · Hishon v. King & Spalding · Basic Inc. v. Levinson · TSC Industries, Inc. v. Northway, 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he allegation that the defendants artificially inflated Citizens' stock price in order to `protect and enhance their executive positions' and `negotiate as favorable a deal as possible' on a pending employment contract also fail[s] to give rise to a strong inference of scienter. This motive has been rejected routinely.”
2 later decisions quote this exact passage · from the majority“We do not agree that a company's desire to maintain a high bond or credit rating qualifies as a sufficient motive for fraud in these circumstances, because [i]f scienter could be pleaded on that basis alone, virtually every .company in the United States that experiences a downturn in stock price could be forced to defend securities fraud actions.”
1 later decision quote this exact passage · from the majority“Shields’s frequent conclusory allegations — that Defendants “knew but concealed” some things, or “knew or were reckless in not knowing” other things— do not satisfy the pleading requirements of Rule 9(b). We have held in the context of securities fraud claims that such allegations are so broad and conclusory as to be meaningless.”
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.