Morris v. Gilbert’s Empirical Analysis
1986
Citation profile
1 district · 1 state decisions
How this case has been cited
Cited by 29 later decisions — most recently April 2014 · most notably National Westminster Bank, U.S.A. v. Ross (1991), 683 F. Supp. 1411 - United States v. Bonanno Organized Crime Family of La Cosa Nostra (1988)
1 district · 1 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. § 45 (§ 5 of the Federal Trade Commission Act of 1914) · 15 U.S.C. § 77O (§ 15 of the Securities Act of 1933) · 15 U.S.C. § 77Q (§ 17 of the Securities Act of 1933) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78T (§ 20 of the Securities Exchange Act of 1934) · 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act)
Relies on Cort v. Ash · Sedima Sprl v. Imrex Company Inc · Blue Chip Stamps v. Manor Drug Stores · Touche Ross & Co. v. Redington · Herman & MacLean v. Huddleston
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The typical violation contemplated by the statute involves an individual consumer who falls victim to misrepresentations made by a seller of consumer goods usually by way of false and misleading advertising. The consumer oriented nature of the statute is evidenced by the remedies it provides---- The New York cases where plaintiffs have recovered under section 349(h) further reflect its consumer orientation since they uniformly involve transactions where the amount in controversy is small. That the deceptive practices this statute seeks to combat involve recurring transactions of a consumer type is further supported by the_ origin of the statute. Section 349(h) is substantially modelled on the Federal Trade Commission Act [ 15 U.S.C. § 45 ],”
1 later decision quote this exact passage · from the majority“(b) ... the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, ... (6) failure to state a claim upon which relief can be granted. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in 56 TCRCP, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by 56 - TCRCP.”
1 later decision quote this exact passage · from the majority“[P]eople do not generally buy securities in the same way that they buy an automobile, a television set, or the myriad consumer goods found in supermarkets. For one thing, securities are purchased as investments, not as goods to be ‘consumed’ or ‘used.’ Additionally, the securities markets are subject to pervasive federal regulation, and it is questionable that New York’s legislature intended to give securities investors an added measure of protection beyond that provided by the securities acts ...”
1 later decision 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.