Webster v. Omnitrition International, Inc.’s Empirical Analysis
79 F.3d 776 · 1996
Citation profile
20 federal appellate · 5 district · 4 state decisions
How this case has been cited
Cited by 52 later decisions — most recently July 2021 · most notably In re Insurance Brokerage Antitrust Litigation (2010), 970 F. Supp. 746 - In Re Silicon Graphics, Inc. Securities Litigation (1997)
20 federal appellate · 5 district · 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. § 771 (CAN-SPAM Act of 2003) · 15 U.S.C. § 77E (§ 5 of the Securities Act of 1933) · 15 U.S.C. § 77L (§ 12 of the Securities Act of 1933) · 15 U.S.C. § 77M (§ 13 of the Securities Act of 1933) · 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1343 · 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act)
Relies on Securities & Exchange Commission v. W. J. Howey Co. · Herman & MacLean v. Huddleston · Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson · Reves v. Ernst & Young · Alexander v. United States
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A pyramid scheme is any plan, program, device, scheme, or other process characterized by the payment by participants of money to the company in return for which they receive the right to sell a product and the right to receive in return for recruiting other participants into the program rewards which are unrelated to the sale of the product to ultimate users.”
5 later decisions quote this exact passage · from the majority“the efforts made by those other than the investor are the undeniably significant ones.”
2 later decisions quote this exact passage · from the majority“any scheme for the disposal or distribution of property whereby a participant pays a valuable consideration for the chance to receive compensation for introducing one or more additional persons into participation in the scheme or for the chance to receive compensation when a person introduced by the participant introduces a new participant. Compensation, as used in this section, does not mean or include payment based upon sales made to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme.”
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.