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← 847 F.2d 186 - Isquith v. Middle South Utilities, Inc.

Isquith v. Middle South Utilities, Inc.’s Empirical Analysis

847 F.2d 186 · 1988

Citation profile

241
cited by 241 later decisions
6
states following
December 2019
most recently cited

54 federal appellate · 15 district · 6 state decisions

How this case has been cited

Cited by 241 later decisions — most recently December 2019 · most notably Kowal v. MCI Communications Corp. (1994), Lavespere v. Niagara Machine & Tool Works, Inc. (1990)

54 federal appellate · 15 district · 6 state decisions

10001988199020002010decided

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. § 77K (§ 11 of the Securities Act of 1933)

Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Conley v. Gibson · Adickes v. S. H. Kress & Co. · Ernst & Ernst v. Hochfelder

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 241 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"[W]hen necessary, courts have readily conceded that predictions may be regarded as ‘facts’ within the meaning of the antifraud provisions of the securities laws .... Most often, whether liability is imposed depends on whether the predictive statement was ‘false’ when made. The answer to this inquiry, however, does not turn on whether the prediction in fact proved to be wrong; instead, falsity is determined by examining the nature of the prediction — with emphasis on whether the prediction suggested reliability, bespoke caution, was made in good faith, or had a sound factual or historical basis.””
    8 later decisions quote this exact passage · from the majority
  2. “[i]f ... matters outside the pleading[s] are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56,”
    7 later decisions quote this exact passage · from the majority
  3. “[w]e are fundamentally a court of review, not of first analysis.”
    4 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.