Merck & Co. v. Reynolds’s Empirical Analysis

Citation profile

33 federal appellate · 26 district · 7 state decisions

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

1. “We normally assume that, when Congress enacts statutes, it is aware of relevant judicial precedent.”

   2 later decisions quote this exact passage · from the majority
   e.g. Cruz v. Nat'l Steel & Shipbuilding Co. · Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In re Greektown Holdings, LLC)

2. “We conclude that the limitations period in § 1658(b)(1) begins to run once the plaintiff did discover or a reasonably diligent plaintiff would have “discover[ed] the facts constituting the violation” — whichever comes first. In determining the time at which “discovery” of those “facts” occurred, terms such as “inquiry notice” and “storm warnings” may be useful to the extent that they identify a time when the facts would have prompted a reasonably diligent plaintiff to begin investigating. But the limitations period does not begin to run until the plaintiff thereafter discovers or a reasonably diligent plaintiff would have discovered “the facts constituting the violation” ... irrespective of whether the actual plaintiff undertook a reasonably diligent investigation.”

   1 later decision quote this exact passage · from the majority
   e.g. Chicago Building Design, P.C. v. Mongolian House, Inc.

3. “[A] private right of action that involves a claim of fraud, deceit, manipulation, or contrivance in contravention of a regulatory requirement concerning the securities laws, as defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), may be brought not later than the earlier of— (1) 2 years after the discovery of the facts constituting the violation; or (2) 5 years after such violation.”

   1 later decision quote this exact passage · from the majority
   e.g. West Virginia Pipe Trades Health & Welfare Fund v. Medtronic, Inc.