In Re Openwave Systems Securities Litigation’s Empirical Analysis
2007
Citation profile
1 federal appellate · 2 district ·
Relationships
Applies 15 U.S.C. § 771 (CAN-SPAM Act of 2003) · 15 U.S.C. § 77K (§ 11 of the Securities Act of 1933) · 15 U.S.C. § 77M (§ 13 of the Securities Act of 1933) · 15 U.S.C. § 77O (§ 15 of the Securities Act of 1933) · 15 U.S.C. § 78T (§ 20 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78T (§ 20a of the Securities Exchange Act of 1934) · 15 U.S.C. § 78U (§ 21d of the Securities Exchange Act of 1934)
Relies on Bell Atlantic Corp. v. Twombly · Ernst & Ernst v. Hochfelder · Tellabs, Inc. v. Makor Issues & Rights, Ltd. · Dura Pharmaceuticals, Inc. v. Broudo · Herman & MacLean v. Huddleston
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.
“(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 light of the circumstances under which they were made, not misleading, or (c) 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“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 ... [t]o use or employ, in connection with the purchase or sale of any security ... any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the [Securities and Exchange] 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
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.