Berner v. Lazzaro’s Empirical Analysis
730 F.2d 1319 · 1984
Citation profile
7 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 24 later decisions (1 by the Supreme Court) — most recently March 2018
7 federal appellate · 2 district · 2 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. § 780
Relies on Ernst & Ernst v. Hochfelder · Blue Chip Stamps v. Manor Drug Stores · Securities & Exchange Commission v. Capital Gains Research Bureau, Inc. · Perma Life Mufflers, Inc. v. International Parts Corp. · St. Martin Evangelical Lutheran Church v. South Dakota
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“if the tip merely fails to 'pan out' or if the information itself proves accurate but the stock fails to move in the anticipated direction, the investor stands to lose all of his investment. Only in the situation where the investor has been deliberately defrauded will he be able to maintain a private suit in an attempt to recoup his money.”
1 later decision quote this exact passage · from the majority“securities professionals and corporate officers who have allegedly engaged in fraud should not be permitted to invoke the in pari delicto doctrine to shield themselves from the consequences of their fraudulent misrepresentation,”
1 later decision quote this exact passage · from the majority“[I]n private antitrust actions, it is the law of this circuit that the doctrine of in pari delicto does not apply where the facts show that the plaintiff is less than co-equally responsible for his injury.”
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.