Phillips v. Kaplus’s Empirical Analysis
764 F.2d 807 · 1985
Citation profile
12 federal appellate · 4 state decisions
How this case has been cited
Cited by 27 later decisions — most recently August 2024 · most notably Cavacos v. Sarwar (1988), 92 Md. App. 248 - Mattingly v. Mattingly (1992)
12 federal appellate · 4 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. § 77B (§ 2 of the Securities Act of 1933)
Relies on Parklane Hosiery Co. v. Shore · Guaranty Trust Co. v. York · Beacon Theaters Inc v. C Westover · Securities & Exchange Commission v. W. J. Howey Co. · Dairy Queen, Inc. v. Wood
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Dairy Queen held that a request for a nominally equitable remedy could not be used to convert what was otherwise a legal claim into an equitable one in order to defeat the right to a jury trial. In that case, the court examined the plaintiffs request for an accounting, determined that it was really a legal claim for breach of contract, and properly rejected plaintiffs equitable characterization of the claim.”
1 later decision quote this exact passage · from the majority“The basic consideration for determining when the right to a jury trial exists is the historical distinction between law and equity. For those claims which traditionally were cognizable at law, the right to a jury is historically preserved; for those claims which historically were considered equitable, no jury trial is mandated.”
1 later decision quote this exact passage · from the majoritye.g. Wheeless v. Gelzer“The focus of the [Securities] Acts is on the capital market of the enterprise system: the sale of securities to raise capital for profit-making purposes, the exchanges on which securities are traded, and the need for regulation to prevent fraud and to protect the interest of investors.”
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.