Bosco v. Serhant’s Empirical Analysis
836 F.2d 271 · 1988
Citation profile
46 federal appellate · 1 district · 7 state decisions
How this case has been cited
Cited by 79 later decisions — most recently February 2025 · most notably Bonded Financial Services, Inc. v. European American Bank (1988), Yosha v. Commissioner (1988)
46 federal appellate · 1 district · 7 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 18 U.S.C. § 1964 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 2 · 7 U.S.C. § 13C · 7 U.S.C. § 25 · 7 U.S.C. § 6B · 7 U.S.C. § 7A
Relies on Harlow v. Fitzgerald · Cort v. Ash · Zenith Radio Corp. v. Hazeltine Research, Inc. · Trans World Airlines, Inc. v. Thurston · Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A tort victim can obtain only one recovery for his harm, no matter how many tortfeasors inflicted it.”
3 later decisions quote this exact passage · from the majority“"[I]n the present setting, involving an exchange's failure to enforce its rule in accordance with the exchange's own interpretation, the courts, including our own, have treated the term "bad faith" as if it read negligence....Thus, if an exchange's regulation imposes a duty that the exchange should know is being flouted, the exchange is acting wrongfully-in an attenuated sense, perhaps, but one sufficient under the cases we have cited to demonstrate bad faith. The test is different if the exchange injures a trader through the exercise of a discretionary power, such as the power to take emergency actions to prevent substantial losses; then more must be shown to constitute bad faith-either that the exchange acted unreasonably or that it had an improper motivation.”
2 later decisions quote this exact passage · from the majority“As in a Ponzi scheme, Serhant was using newly invested money to make old investors think they were earning profits rather than losing their shirts.”
2 later decisions 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.