Kaplan v. Rose’s Empirical Analysis
49 F.3d 1363 · 1994
Citation profile
44 federal appellate · 25 district · 5 state decisions
How this case has been cited
Cited by 202 later decisions — most recently September 2018 · most notably Cooper v. Pickett (1997), Howard v. Everex Systems, Inc. (2000)
44 federal appellate · 25 district · 5 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. § 77K (§ 11 of the Securities Act of 1933) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78T (§ 20 of the Securities Exchange Act of 1934)
Relies on Anderson v. Liberty Lobby, Inc. · Basic Inc. v. Levinson · TSC Industries, Inc. v. Northway, Inc. · Herman & MacLean v. Huddleston · Kuntz v. City of Dayton
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 202 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Persons possessing cause of action; persons liable In case any part of the registration statement, when such part became effective, contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein not misleading, any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission) may, in any court of competent jurisdiction, sue— (1) every person who signed the registration statement; (2) every person who was a director of (or person performing similar functions) or partner in the issuer at the time of the filing of the part of the registration statement with respect to which his liability is asserted; (3) every person who, with his consent, is named in the registration statement as being or about to become a director, person performing similar functions, or partner ....”
6 later decisions quote this exact passage · from the majority“'identifies the circumstances of the alleged fraud so that defendants can prepare an adequate answer.'”
6 later decisions quote this exact passage · from the majoritye.g. Lopes v. Vieira · Cooper v. Pickett“controlling person is an intensely factual question, involving scrutiny of the defendant's participation in the day-to-day affairs of the corporation and the defendant's power to control corporate actions.”
5 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.