Swenson v. Engelstad’s Empirical Analysis
626 F.2d 421 · 1980
Citation profile
25 federal appellate · 5 district · 6 state decisions
How this case has been cited
Cited by 74 later decisions — most recently April 2022 · most notably Huddleston v. Herman & MacLean (1981), Russell v. Dean Witter Reynolds, Inc. (1986)
25 federal appellate · 5 district · 6 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
Applies 15 U.S.C. § 771 (CAN-SPAM Act of 2003) · 15 U.S.C. § 77A (§ 1 of the Securities Act of 1933) · 15 U.S.C. § 77B (§ 2 of the Securities Act of 1933) · 15 U.S.C. § 77D (§ 4 of the Securities Act of 1933) · 15 U.S.C. § 77E (§ 5 of the Securities Act of 1933) · 15 U.S.C. § 77O (§ 15 of the Securities Act of 1933) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934)
Relies on The Boeing Company v. Daniel C. Shipman · Babich v. United States · Securities & Exchange Commission v. Ralston Purina Co. · Dupuy v. Dupuy · Fed. Sec. L. Rep. P 93,213 Hill York Corporation v. American International Franchises, Inc., Gurn H. Freeman
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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. the sale or offer to sell securities by the defendant; 2. the absence of a registration statement; and 3. the use of the mails or facilities of interstate commerce in connection with the sale or offer.”
2 later decisions quote this exact passage · from the majority“The Securities Act of 1933 imposes strict liability on offerors and sellers of unregistered securities ... regardless of ... any degree of fault, negligent or intentional, on the seller's part”
2 later decisions quote this exact passage · from the majority“is an affirmative defense which must be raised and proved by the defendant”
2 later decisions quote this exact passage · from the majoritye.g. Kim v. Song · Kim v. Song
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.