Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Brooks’s Empirical Analysis
548 F.2d 615 · 1977
Citation profile
13 federal appellate · 5 state decisions
How this case has been cited
Cited by 27 later decisions — most recently October 2010 · most notably Gaulton v. Reno Paint & Wallpaper Co. (1979), Shearson Hayden Stone, Inc. v. Leach (1978)
13 federal appellate · 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
Relies on Charles R. Little, Cross-Appellee v. Bankers Life and Casualty Company, Cross-Appellant · Clara Goldenberg, Formerly Clara Littman v. Bache and Company, Bache and Company v. Clara Goldenberg, Formerly Clara Littman · Deese v. Double D Dredging Co. · Gordon v. duPont Glore Forgan Inc. · Horne v. Georgia Southern & Florida Railway Co.
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.
“To adopt such an argument would permit commodity futures investors knowingly to accept extensions of credit from a broker which violate the Board of Trade's rules or regulations and repudiate losses that ensue or accept profits that follow. The only risk to the investor would be his initial deposit in a margin account, "initial margin", which represents only a fraction of the potential losses or hoped for profits. We do not accept this position . . .”
2 later decisions quote this exact passage · from the majority“a sophisticated commodity futures investor who at all times possessed knowledge of his deficient margin account status ... should not be required to pay back any remaining indebtedness because the extension of credit violated a rule or regulation of the Chicago Board of Trade”
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.