Pasternack v. Shrader’s Empirical Analysis
863 F.3d 162 · 2017
Citation profile
1 state decisions
Relationships
Applies 15 U.S.C. § 78C (§ 3 of the Securities Exchange Act of 1934) · 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1964 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 26 U.S.C. § 736 · 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974)
Relies on Shearson/American Express Inc. v. McMahon · ATSI Communications, Inc. v. Shaar Fund, Ltd. · Luce v. Edelstein · Joel Rothman v. Andrew Gregor · Harsco Corporation v. Segui Mhc Dkm-Mlp & II Lp
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[c]omplaints dismissed under Rule 9(b) are almost always dismissed with leave to amend.”
2 later decisions quote this exact passage · from the majority“(i) require the opponent to spend significant additional resources to conduct discovery and prepare for trial; (ii) significantly delay the resolution of the dispute; or (iii) prevent the plaintiff from bringing a timely action in another jurisdiction.”
1 later decision quote this exact passage · from the majority“plaintiffs have ... already had one opportunity to plead fraud with greater specificity or the defective allegations were made after full discovery in a related case.”
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.