Blue Sky L. Rep. P 71,681, Fed. Sec. L. Rep. P 98,335’s Empirical Analysis
1981
Citation profile
4 federal appellate · 12 district · 5 state decisions
How this case has been cited
Cited by 85 later decisions — most recently August 2017 · most notably Dodds v. Cigna Securities, Inc. (1993), Doe v. Claiborne County Tennessee Claiborne County Board of Education
4 federal appellate · 12 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
Relies on Ernst & Ernst v. Hochfelder · Holmberg v. Armbrecht · Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · Transamerica Mortgage Advisors, Inc. v. Lewis · Santa Fe Industries, Inc. v. Green
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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[TJitles and functions alone do not establish “controlling person” status. There must be some showing of actual participation in the corporation’s operation or some influence before the consequences of control may be imposed. Further, there must be some showing of actual participation in the activities which allegedly violated the securities laws.”
4 later decisions quote this exact passage · from the majority“Every person who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder shall also be liable jointly and severally with and to the same extent as such controlled person ... is liable, unless the controlling person acted in good faith and did not directly or indirectly induce the act or acts constituting the violation or cause of action.”
3 later decisions quote this exact passage · from the concurrence“[T]he broad remedial purposes of the federal securities laws are best served by longer, not shorter, statute [sic] of limitations ... But the reason for using the longer statute of limitations for a federal securities claim is to give the person with a federal claim at least as long an opportunity to sue as a person with a state claim ... The Kentucky Supreme Court has held that its blue-sky law is the exclusive remedy for fraud in the sale of securities. [City of Owensboro v. First U.S. Corp., 534 S.W.2d 789, 791 (Ky.1975)] The strict requirements of misrepresentation have been relaxed and the price exacted is a shortened statute of limitations ... A plaintiff is also relieved from proving all the elements of misrepresentation with his rule 10b-5 action; thus, it is reasonable to apply the shortened statute of limitations, (cites omitted; emphasis added)”
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.