McIlroy v. Dittmer’s Empirical Analysis
732 F.2d 98 · 1984
Citation profile
21 federal appellate · 3 district ·
How this case has been cited
Cited by 32 later decisions — most recently July 2009 · most notably U.S. Industries, Inc. v. Touche Ross & Co. (1988), McQueeney v. Wilmington Trust Co. (1985)
21 federal appellate · 3 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 7 U.S.C. § 6B
Relies on Commodity Futures Trading Commission v. Savage · Chasins v. Smith, Barney & Co. · Haddad v. Lockheed California Corp. · Haltmier v. Commodity Futures Trading Commission · Silverman v. Commodity Futures Trading Commission
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 4b(A) prohibits “cheating],” “defrauding],” and “attempting] to cheat or defraud.” The words of the statute themselves negate any inference that Congress meant to proscribe unintentional acts under section 4b(A). See CFTC v. Savage, 611 F.2d 270, 283 (9th Cir.1979) (“to be charged with a violation of 4b(A) [one] must have known that he was cheating”); Master Commodities, Inc. v. Texas Cattle Management, 586 F.2d 1352 , 1355-56 (10th Cir.1978) (section 4b “seems clearly aimed at intentionally deceptive conduct”). Indeed, the words “cheat” and “defraud” themselves imply a degree of intentionality that would probably render the inclusion of “willfully” in section 4b(A) superfluous.”
1 later decision quote this exact passage · from the majority“Trial judges have a considerable measure of discretion in framing jury instructions and need not adopt the exact language proffered by the parties.”
1 later decision quote this exact passage · from the majority“the jury's verdict is more probably than not untainted by the error.”
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.