Securities & Exchange Commission v. McCaskey’s Empirical Analysis
1999
Citation profile
1 federal appellate · 1 district ·
Relationships
Applies 15 U.S.C. § 77E (§ 5 of the Securities Act of 1933) · 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) · 28 U.S.C. § 2462
Relies on Holmberg v. Armbrecht · Office of Personnel Management v. Richmond · Baskett v. United States · In re Disbarment of Johnson · Gozlon-Peretz 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In order to prevail on a motion to strike [an affirmative defense], a plaintiff must show that: (1) there is no question of fact which might allow the defense to succeed; (2) there is no question of law which might allow the defense to succeed; and (3) the plaintiff would be prejudiced by inclusion of the defense."”
1 later decision quote this exact passage · from the majority“insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.”
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.