Holloway v. Howerdd’s Empirical Analysis
536 F.2d 690 · 1976
Citation profile
30 federal appellate · 8 district · 3 state decisions
How this case has been cited
Cited by 79 later decisions (1 by the Supreme Court) — most recently March 2018 · most notably American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp. (1982), Rolf v. Blyth, Eastman Dillon & Co. (1978)
30 federal appellate · 8 district · 3 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. § 77 · 15 U.S.C. § 77E (§ 5 of the Securities Act of 1933) · 15 U.S.C. § 77K (§ 11 of the Securities Act of 1933) · 15 U.S.C. § 77O (§ 15 of the Securities Act of 1933) · 15 U.S.C. § 77V (§ 22 of the Securities Act of 1933) · 15 U.S.C. § 78T (§ 20 of the Securities Exchange Act of 1934)
Relies on Alyeska Pipeline Service Company v. Wilderness Society · Fuhrman v. United States Steel Corp. · Fed. Sec. L. Rep. P 95,017 Securities and Exchange Commission v. Management Dynamics, Inc., and William N. Levy, Securities and Exchange Commission v. Management Dynamics, Inc., and Samuel D. Hodge · Johns Hopkins University v. Hutton · Bertha Hecht, and v. Harris, Upham & Co., a Partnership, Harris, Upham & Co., Inc., a Corporation, And
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Every person who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder shall also be liable jointly and severally with and to the same extent as such controlled person to any person to whom such controlled person is liable, unless the controlling person acted in good faith and did not directly or indirectly induce the act or acts constituting the violation or cause of action.”
3 later decisions quote this exact passage · from the majority“the liability of TSI under § 12(2) was predicated upon the doctrine of respondeat superior”). Significantly, Holloway explicitly disagreed with the Ninth Circuit authority we overrule today. Id. at 695 . 28 . Respondeat superior is a common law principle of secondary liability and generally”
3 later decisions quote this exact passage · from the majority“Section 15 of the 1933 Act provides: Every person who ... controls any person liable under sections 77k or 771 of this title, shall also be liable jointly and severally with ... the ... controlled person to any person to whom such controlled person is liable, unless the controlling person had no knowledge of or reasonable ground to believe in the existence of the facts by reason of which the controlled person is alleged to exist.”
2 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.