Nemeroff v. Abelson’s Empirical Analysis
620 F.2d 339 · 1980
Citation profile
78 federal appellate · 13 district · 30 state decisions
How this case has been cited
Cited by 263 later decisions — most recently July 2021 · most notably Eastway Construction Corp. v. City of New York (1985), Oliveri v. Thompson (1986)
78 federal appellate · 13 district · 30 state decisions — followed in 10 states
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
Applies 15 U.S.C. § 77K (§ 11 of the Securities Act of 1933) · 15 U.S.C. § 77W (§ 23 of the Securities Act of 1933) · 15 U.S.C. § 78I (§ 9 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 28 U.S.C. § 1912 · 28 U.S.C. § 1927 · 42 U.S.C. § 1988
Relies on Alyeska Pipeline Service Company v. Wilderness Society · Ernst & Ernst v. Hochfelder · Christiansburg Garment Co. v. Equal Employment Opportunity Commission · Hutto v. Finney · Mills v. Electric Auto-Lite Co.
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 263 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A claim is colorable, for the purpose of the bad faith exception, when it has some legal and factual support, considered in light of the reasonable beliefs of the individual making the claim. The question is whether a reasonable attorney could have concluded that facts supporting the claim might be established, not whether such facts actually had been established.”
39 later decisions quote this exact passage · from the majority“[t]he signature of an attorney [on a pleading] constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay____ For a willful violation of this rule an attorney may be subjected to appropriate disciplinary action____”
8 later decisions quote this exact passage · from the majority“in bad faith, vexatiously, wantonly or for oppressive reasons.”
6 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.