Ouaknine v. MacFarlane’s Empirical Analysis
897 F.2d 75 · 1990
Citation profile
42 federal appellate · 22 district · 1 state decisions
How this case has been cited
Cited by 286 later decisions — most recently January 2018 · most notably Shields v. Citytrust Bancorp, Inc. (1994), Mills v. Polar Molecular Corp. (1993)
42 federal appellate · 22 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
Applies 15 U.S.C. § 77Q (§ 17 of the Securities Act of 1933) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1964 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act)
Relies on Sedima Sprl v. Imrex Company Inc · Carnegie-Mellon University v. Cohill · United Families of America v. Kendrick · Brown v. United States · United Families of America v. Kendrick
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 286 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity ... to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.”
17 later decisions quote this exact passage · from the majority“In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.”
8 later decisions quote this exact passage · from the majority“[a]llegations of scienter are sufficient if supported by facts giving rise to a 'strong inference' of fraudulent intent.”
7 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.