Grossman v. Young’s Empirical Analysis

Citation profile

19 federal appellate · 2 district · 1 state decisions

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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(I)t would be a simple matter for the unscrupulous to avoid the salutary effect of Section 16(b) which provides a remedy for the recovery of short term profits, simply by failing to file monthly reports in violation of subdivision (a) and thereby concealing from prospective plaintiffs the information they would need to adequately protect their interests. Such a construction would reward the violation of the statute and would manifestly frustrate congressional intent.”

   2 later decisions quote this exact passage · from the majority
   e.g. William R. Whittaker, on Behalf of Himself, and of the Estate of Beulah Whittaker v. Whittaker Corporation, a California Corporation, William R. Whittaker, on Behalf of Himself, and of the Estate of Beulah Whittaker v. Whittaker Corporation, a California Corporation · Whittaker v. Whittaker Corp.

2. “Every person who is directly or indirectly the beneficial owner of more than 10 per centum of any class of any equity security (other than an exempted security) which is registered on a national securities exchange, or who is a director or an officer of the issuer of such security, shall file, at the time of the registration of such security or within ten days after he becomes such beneficial owner, director, or officer, a statement with the exchange (and a duplicate original thereof with the Commission) of the amount of all equity securities of such issuer of which he is the beneficial owner, and within ten days after the close of each calendar month thereafter, if there has been any change in such ownership during such month, shall file with the exchange a statement (and a duplicate original thereof with the Commission) indicating his ownership at the close of the calendar month and such changes in his ownership as have occurred during such calendar month.”

   1 later decision quote this exact passage · from the majority
   e.g. Carr-Consolidated Biscuit Company v. Moore

3. “Section 16 was the method selected by Congress to control and regulate activities by insiders. The first subdivision imposes the duty of prompt disclosure. The second subdivision provides a civil remedy designed to discourage the activities frowned upon, the short space of time within which the action must be brought under § 16(b) is intelligible when read in the context of an absolute duty to make prompt and frequent reports of the activities which may give rise to such an action. To allow an offending director or stockholder to escape responsibility under subdivision (b) by violating the provisions of subdivision (a) and by fraudulently concealing his activities which would give rise to the cause of action, would manifestly frustrate the purpose of Congress.”

   1 later decision quote this exact passage · from the majority
   e.g. 179 F. Supp. 2d 330 - Rosen Ex Rel. Egghead.Com, Inc. v. Brookhaven Capital Management, Co.