United States Court of Appeals, Second Circuit’s Empirical Analysis

Citation profile

1 federal appellate · 40 district · 4 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 375 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Plaintiffs' unsupported general claim of the existence of confidential company sales reports that revealed the larger decline in sales is insufficient to survive a motion to dismiss.”

   3 later decisions quote this exact passage
   e.g. In Re: Scholastic Corporation Securities Litigation · 597 F. Supp. 2d 412 - In Re Gpc Biotech Ag Securities Litigation

2. “allege facts that give rise to a strong inference of fraudulent intent.”

   3 later decisions quote this exact passage
   e.g. 969 F. Supp. 238 - In Re Baesa Securities Litigation · 377 F. Supp. 2d 390 - In Re Parmalat Securities Litigation

3. “(J]t would be unreasonable, as a matter of law, for an investor to rely on these projections as long-term guarantees because these statements contain sufficient cautionary language to indicate that they were only short-term predictions. As we have held, “[ljiability may not be imposed based on statements that, considered in their entirety, clearly ‘bespeak caution.’ ””

   2 later decisions quote this exact passage
   e.g. 156 F. Supp. 2d 384 - Faulkner v. Verizon Communications, Inc. · International Business Machines Corporate Securities Litigation v. International Business Machines Corporation