Brodt v. Bache & Co., Inc.’s Empirical Analysis
595 F.2d 459 · 1979
Citation profile
29 federal appellate · 10 district · 5 state decisions
How this case has been cited
Cited by 79 later decisions (1 by the Supreme Court) — most recently August 2015 · most notably United States v. Kessi (1989), Curran v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1980)
29 federal appellate · 10 district · 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 Securities & Exchange Commission v. W. J. Howey Co. · United Housing Foundation, Inc. v. Forman · Securities & Exchange Commission v. Glenn W. Turner Enterprises Inc. · Securities & Exchange Commission v. Koscot Interplanetary, Inc. · Hector v. Wiens
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in which the 'fortunes of the investor are interwoven with and dependent upon the efforts and success of those seeking the investment or of third parties.'”
4 later decisions quote this exact passage · from the majority““The term ‘security’ is defined in Section 2(1) of the 1933 Securities Act, 15 U.S.C. § 77b(1), to mean, inter alia, any investment contract. The now-classic definition of an investment contract was formulated by the Supreme Court in SEC v. Howey Co., 328 U.S. 293 , 301, 66 S.Ct. 1100 , 1104, 90 L.Ed. 1244 (1946): ‘an investment of money in a common enterprise with profits to come solely from the efforts of others.’ The Supreme Court has recently restated that ‘the touchstone [of an investment contract] is the presence of an investment in a common venture premised on a reasonable expectation of profits to be derived from the enterpreneurial or managerial efforts of others.’ United Housing Foundation, Inc. v. Forman, 421 U.S. 837 , 852, 95 S.Ct. 2051 , 2060, 44 L.Ed.2d 621 (1975).””
2 later decisions quote this exact passage · from the majority“Merely furnishing investment counsel to another for a commission, even when done by way of a discretionary commodities account, does not amount to a 'common enterprise'.”
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.