Dower v. Mosser Industries, Inc.’s Empirical Analysis
648 F.2d 183 · 1981
Citation profile
12 federal appellate · 2 district · 5 state decisions
How this case has been cited
Cited by 30 later decisions — most recently August 2011 · most notably Walker v. Action Industries, Inc. (1986), Lerner v. Lerner (1986)
12 federal appellate · 2 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
Applies 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934)
Relies on TSC Industries, Inc. v. Northway, Inc. · Singer v. Magnavox Co. · Thomas v. Duralite Co. · Healey v. Catalyst Recovery of Pennsylvania, Inc. · In Re Jones & Laughlin Steel Corp.
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An omitted fact is material if there is a substantial likelihood that a reasonable shareholder would consider it important in deciding how to vote. This standard is fully consistent with Mills’ general description of materiality as a requirement that “the defect have a significant propensity to affect the voting process.” It does not require proof of a substantial likelihood that disclosure of the omitted fact would have caused the reasonable investor to change his vote. What the standard does contemplate is 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 majoritye.g. Hershfang v. Knotter
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.