Kleinman v. Elan Corp.’s Empirical Analysis
706 F.3d 145 · 2013
Citation profile
5 federal appellate · 5 district ·
How this case has been cited
Cited by 71 later decisions — most recently February 2025 · most notably Nakahata v. New York-Presbyterian Healthcare System, Inc. (2013), Tongue v. Sanofi (2016)
5 federal appellate · 5 district ·
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. § 78U (§ 21 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78U (§ 21d of the Securities Exchange Act of 1934)
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Dura Pharmaceuticals, Inc. v. Broudo · Chambers v. Time Warner, Inc. · Morrison v. National Australia Bank Ltd.
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“consider any written instrument attached to the complaint, statements or documents incorporated into the complaint by reference, legally required public disclosure documents filed with the SEC, and documents possessed by or known to the plaintiff and upon which it relied in bringing the suit.”
2 later decisions quote this exact passage · from the majority“The 'veracity of a statement or omission is measured not by its literal truth, but by its ability to accurately inform rather than mislead prospective buyers.'”
2 later decisions quote this exact passage · from the majority“the type of expressions of puffery and corporate optimism that do not generally give rise to securities violations.”
2 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.