Brunig v. Clark’s Empirical Analysis
560 F.3d 292 · 2009
Citation profile
2 federal appellate · 1 state decisions
Relationships
Applies 15 U.S.C. § 771 (CAN-SPAM Act of 2003) · 15 U.S.C. § 77C (§ 3 of the Securities Act of 1933) · 15 U.S.C. § 78U (§ 21d of the Securities Exchange Act of 1934) · 28 U.S.C. § 636
Relies on Bell Atlantic Corp. v. Twombly · Gustafson v. Alloyd Co. · Rosenzweig v. Azurix Corp. · Crowe v. Henry · Goldin v. Bartholow
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A. It shall be unlawful for any person: (2) To offer to sell or to sell a security by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, the buyer not knowing of the untruth or omission, if such person in the exercise of reasonable care could not have known of the untruth or omission.”
2 later decisions quote this exact passage · from the majority“1) a misstatement or omission 2) of material fact 3) occurring in connection with the purchase or sale of a security, that 4) was made with scienter and 5) upon which the plaintiff justifiably relied, 6) and that proximately caused injury to the plaintiff.”
1 later decision quote this exact passage · from the majoritye.g. Heck v. Triche“[W]e will not assume that the district court did not conduct the proper review.”); Garcia v. City of Albuquerque, 232 F.3d 760 , 766 (10th Cir.2000) (”
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.