McMann v. Securities & Exchange Commission’s Empirical Analysis
87 F.2d 377 · 1937
Citation profile
59 federal appellate · 7 district · 6 state decisions
How this case has been cited
Cited by 120 later decisions (2 by the Supreme Court) — most recently May 2018 · most notably Branzburg v. Hayes (1972), Ybarra v. Illinois (1980)
59 federal appellate · 7 district · 6 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. § 77A (§ 1 of the Securities Act of 1933)
Relies on Edwin Hale v. William Henkel · Federal Trade Commission v. American Tobacco Co. · Jones v. Securities & Exchange Commission · Board of Trade v. Christie Grain & Stock Co. · Nichols v. Universal Pictures Corp.
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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he duty to disclose in a court all pertinent information within one's control, testimonially or by the production of documents, is usually paramount over any private interest which may be affected. Wigmore, Secs. 2192, 2193. There are of course the traditional privileges touching communications made in certain confidential relations; but a broker's customer is not a client, a penitent, a patient or a spouse. Therefore, although we assume, as we do, that the conduct of investigations under these statutes is subject to the same testimonial privileges as judicial proceedings, it will not serve McMann; he must erect a new privilege ad hoc. The suppression of truth is a grievous necessity at best, more especially when as here the inquiry concerns the public interest; it can be justified at all only when the opposed private interest is supreme.”
6 later decisions quote this exact passage · from the majority“... out of proportion to the ends sought,”
2 later decisions quote this exact passage · from the majority“it is impossible to see how the statutes can be enforced at all, or how any wrongdoer can be brought to book”
1 later decision quote this exact passage · from the majoritye.g. Magnus
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.