89 F. Supp. 2d 1326 - In Re Sunbeam Securities Litigation’s Empirical Analysis
1999
Citation profile
6 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 62 later decisions — most recently February 2017 · most notably Southland Securities Corp. v. Inspire Insurance Solutions Inc. (2004), Ziemba v. Cascade International, Inc. (2001)
6 federal appellate · 5 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 Conley v. Gibson · Hishon v. King & Spalding · Ernst & Ernst v. Hochfelder · Basic Inc. v. Levinson · Central Bank of Denver Na v. First Interstate Bank of Denver Na K
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In any private action arising tinder this title in which the plaintiff alleges that the defendant — (A) made an untrue statement of a material fact; or (B) omitted to state a material fact in order to make the statements made, in the light of the circumstances in which they were made, not misleading; the complaint shall specify each statement alleged to have been misleading, the reason or reasons why -the statement is misleading, and, if an allegation regarding the statement or omission is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed.”
2 later decisions quote this exact passage · from the majority“In appraising the sufficiency of the complaint we follow, of course, the accepted rale that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”
2 later decisions quote this exact passage · from the majority“[T]he Complaint also alleges that Dunlap and Kersh were confronted by the financial media about improper accounting and financial reporting practices. For example, in June 1997, Barron’s published an article which stated the possibility that Sunbeam was engaging in accounting and inventory fraud. Sunbeam strongly denied these allegations and Dunlap flatly rejected them as propaganda stirred up by “shorts.” These denials indicate that Dunlap and Kersh were either sufficiently familiar with the facts, or severely reckless in not being familiar, to be in a position to issue a denial. As such, Sunbeam’s and Dunlap’s denials demonstrate, at a minimum, extreme recklessness on the part of Kersh and Dunlap.”
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.