591 F. Supp. 2d 522 - Hoffman v. UBS-AG’s Empirical Analysis
2008
Citation profile
1 federal appellate · 2 district ·
Relationships
Applies 15 U.S.C. § 77O (§ 15 of the Securities Act of 1933) · 15 U.S.C. § 77Z (§ 26 of the Securities Act of 1933) · 15 U.S.C. § 78T (§ 20 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78U (§ 21d of the Securities Exchange Act of 1934) · 15 U.S.C. § 80A · 28 U.S.C. § 1367
Relies on Bell Atlantic Corp. v. Twombly · Warth v. Seldin · Steel Co. v. Citizens for a Better Environment · Allen v. Wright · Amchem Products, Inc. v. Windsor
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]s the Second Circuit noted in Amron, “allegations of underperformance alone are insufficient” to satisfy this factor. Amron, 464 F.3d at 344 . Plaintiffs’ complaint offers no allegations about the actual services provided by the funds. Instead, Plaintiffs rest their, complaint only on post hoc performance, an approach that was rejected in Amron. In re Salomon Smith Barney Mutual Fund Fees Litig., 528 F.Supp.2d 332, 338 (S.D.N.Y. 2007) (stating that Amron requires more than mere performance analysis). Accordingly, Plaintiffs’ allegations fail to satisfy the first Gartenberg factor.”
2 later decisions quote this exact passage · from the majority“there is no way to determine whether any economy of scale even existed that could have been passed on to investors or whether there is another explanation for the statistics”
2 later decisions quote this exact passage · from the majority“[T]o show economies of scale, plaintiff bore the burden of proving that the per unit cost of performing Fund transactions decreased as the number of transactions increased.”
2 later decisions 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.