Klausner v. Ferro’s Empirical Analysis

Citation profile

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A trial should be held “when a dispute over historical facts or inferences raises issues going to the weight or credibility of testimony, [and therefore] the party opposing the motion is entitled to confront and cross-examine witnesses ... and the judge must consider their credibility and demeanor in finding facts.” Schwarzer, Summary Judgment under the Federal Rules: Defining Genuine Issues of Material Fact, 99 F.R.D. 465 , 476 (“Schwarzer”). However, if the parties do not dispute the material facts of the case but differ only upon ultimate facts or conclusions, “it is not so clear that a trial serves as useful [a] purpose.” Id. at 477 .”

   1 later decision quote this exact passage · from the majority
   e.g. 642 F. Supp. 1020 - Burroughs Wellcome Co. v. Commercial Union Insurance

2. “a showing of a substantial likelihood that, under all the circumstances, the omitted fact would have assumed actual significance in the deliberations of the reasonable shareholder. Put another way, there must be a substantial likelihood that the disclosure of the omitted fact would have been viewed by the reasonable investor as having significantly altered the “total mix” of information made available.”

   1 later decision quote this exact passage · from the majority
   e.g. 638 F. Supp. 989 - Wollins v. Antman