Smith v. Gross’s Empirical Analysis
604 F.2d 639 · 1979
Citation profile
31 federal appellate · 5 district · 4 state decisions
How this case has been cited
Cited by 61 later decisions — most recently June 2023 · most notably Securities & Exchange Commission v. Murphy (1980), Wheeler v. Hurdman (1987)
31 federal appellate · 5 district · 4 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 Scheuer v. Rhodes · Securities & Exchange Commission v. W. J. Howey Co. · KVOS, Inc. v. Associated Press · Acosta v. United States · Securities & Exchange Commission v. Glenn W. Turner Enterprises Inc.
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“only when there is no genuine issue of any material fact or when viewing the evidence and the inferences which may be drawn therefrom in the light most favorable to the adverse party, the movant is clearly entitled to prevail as a matter of law.”
3 later decisions quote this exact passage · from the majority“element of the investment contract test. 17 b. Profits to Come Solely From the Efforts of Others 18 The requirement that the expected profit must come solely from the efforts of others is satisfied if”
3 later decisions quote this exact passage · from the majority“the efforts made by those other than the investor are the undeniably significant ones, those essential managerial efforts which affect the failure or success of the 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.