Merrill Lynch, Pierce, Fenner & Smith Inc. v. Dabit’s Empirical Analysis
2006
Citation profile
269 federal appellate · 111 district · 36 state decisions
How this case has been cited
Cited by 1,012 later decisions (30 by the Supreme Court) — most recently July 2024 · most notably Tellabs, Inc. v. Makor Issues & Rights, Ltd. (2007), Rowe v. New Hampshire Motor Transport Ass'n (2008)
269 federal appellate · 111 district · 36 state decisions — followed in 11 states
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.
Appellate journey
reviewedDabit v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (from Second Circuit Court of Appeals)
Relationships
Applies 15 U.S.C. § 77Z (§ 26 of the Securities Act of 1933) · 15 U.S.C. § 78B (§ 2 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78U (§ 21 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78U (§ 21d of the Securities Exchange Act of 1934)
Relies on Cannon v. University of Chicago · Blue Chip Stamps v. Manor Drug Stores · Medtronic, Inc. v. Lohr · Dura Pharmaceuticals, Inc. v. Broudo · Holmes v. Securities Investor Protection Corporation
Cited together with Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Securities & Exchange Commission v. Zandford · Tellabs, Inc. v. Makor Issues & Rights, Ltd. · Blue Chip Stamps v. Manor Drug Stores
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 1,012 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“No covered class action based upon the statutory or common law of any State or subdivision thereof may be maintained in any State or Federal court by any private party alleging— (1) an untrue statement or omission of a material fact in connection with the purchase or sale of a covered security; or (2) that the defendant used or employed any manipulative or deceptive device or contrivance in connection with the purchase or sale of a covered security.”
45 later decisions quote this exact passage · from the majority“(i) any single lawsuit in which— (I) damages are sought on behalf of more than 50 persons or prospective class members, and questions of law or fact common to those persons or members of the prospective class, without reference to issues of individualized reliance on an alleged misstatement or omission, predominate over any questions affecting only individual persons or members; or (II) one or more named parties seek to recover damages on a representative basis on behalf of themselves and other unnamed parties similarly situated, and questions of law or fact common to those persons or members of the prospective class predominate over any questions affecting only individual persons or members; or (ii) any group of lawsuits filed in or pending in the same court and involving common questions of law or fact, in which— (I) damages are sought on behalf of more than 50 persons; and (II) the lawsuits are joined, consolidated, or otherwise proceed as a single action for any purpose.”
20 later decisions quote this exact passage · from the concurrence“SLUSA does not actually pre-empt any state cause of action. It simply denies plaintiffs the right to use the class action device to vindicate certain claims. The Act does not deny any individual plaintiff, or indeed any group of fewer than 50 plaintiffs, the right to enforce any state-law cause of action that may exist.''). 3 .SLUSA defines an affected”
20 later decisions quote this exact passage · from the concurrence
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.