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← 539 F. Supp. 498 - Gieringer v. Silverman

539 F. Supp. 498 - Gieringer v. Silverman’s Empirical Analysis

1982

Citation profile

7
cited by 7 later decisions
1
states following
August 1992
most recently cited

3 federal appellate · 2 state decisions

Relationships

Applies 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934)

Relies on United Mine Workers of America v. Gibbs · Blue Chip Stamps v. Manor Drug Stores · Santa Fe Industries, Inc. v. Green · Surowitz v. Hilton Hotels Corp. · Forster v. United States

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[Tjhere is no question but that the plaintiffs knew on receipt of the tender offer that the price offered was unjust and merited further investigation, even if they did not know all of the details of the supposed scheme of the controlling shareholders. The law does not require full knowledge of a scheme or its consequences. It requires only sufficient knowledge to put a reasonable person on notice of the need for diligent investigation ____ cient information to put a party on notice of possible fraud and to commence legal proceedings. In light of the information revealed on the face of the tender offer and the plaintiffs’ immediate suspicions, their year began to run on receipt of the September 28, 1979 offer. They did not file suit until July 21, 1981, and their suit therefore is barred.”
    1 later decision quote this exact passage
  2. “No action shall be maintained under this section unless commenced before the expiration of 3 years after the act or transaction constituting the violation or the expiration of one year after the discovery of the facts constituting the violation, whichever first expires ....”
    1 later decision quote this exact passage
    e.g. Gieringer
  3. “not await appellant's leisurely discovery of the full details of the alleged scheme.”
    1 later decision quote this exact passage
    e.g. Gieringer

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.