Similarly Situated v. Nutri/system, Inc.’s Empirical Analysis
1988
Citation profile
5 federal appellate · 10 district · 1 state decisions
How this case has been cited
Cited by 33 later decisions — most recently June 2023 · most notably In re Burlington Coat Factory Securities Litigation (1997), Kaufman v. Trump's Castle Funding (1993)
5 federal appellate · 10 district · 1 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
Relies on Ernst & Ernst v. Hochfelder · TSC Industries, Inc. v. Northway, Inc. · Raphan v. United States · Zerman v. Melton · Batson v. Kentucky
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Moreover since an investment banker rendering a fairness opinion in connection with a leveraged buyout knows full well that it will be used to solicit shareholder approval, and is well paid for the service it performs, we see no convincing reason for not holding it to the same standard of liability as the management it is assisting.”
3 later decisions quote this exact passage · from the majority“[a]n opinion or projection, like any other representation, will be deemed untrue for purposes of the federal securities laws if it is issued without reasonable genuine belief or if it has no basis.”
2 later decisions quote this exact passage · from the majority“When a representation is made by professionals or ‘those with greater access to information or having a special relationship to investors making use of the information,’ there is an obligation to disclose data indicating that the opinion or forecast may be doubtful. When the opinion or forecast is based on underlying materials which on their face or under the circumstances suggest that they cannot be relied on without further inquiry, then the failure to investigate further may ‘support an inference that when the defendant expressed the opinion it had no genuine belief that it had the information on which it could predicate that opinion.’”
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.