Craighead’s Empirical Analysis
Citation profile
8 federal appellate · 9 district · 5 state decisions
How this case has been cited
Cited by 150 later decisions — most recently March 2021 · most notably Decker v. Glenfed, Inc. (1994), Vicom, Inc. v. Harbridge Merchant Services, Inc. (1994)
8 federal appellate · 9 district · 5 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 · Blue Chip Stamps v. Manor Drug Stores · Herman & MacLean v. Huddleston · Aaron v. Securities & Exchange Commission
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 150 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Misleading statements and omissions In any private action arising under this chapter 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 necessary 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) Required state of mind In any private action arising under this chapter in which the plaintiff may recover money damages only on proof that the defendant acted with a particular state of mind, the complaint shall, with respect to each act or omission alleged to violate this chapter, state with particularity facts giving rise to a strong inference that the defendant acted with the required state of mind.”
3 later decisions quote this exact passage · from the majority““As a general matter, however, private § 10(b)/Rule 10b-5 damage claims can be said to require: 1) the use of jurisdictional means 2) to implement a deceptive or manipulative practice (with the requisite scienter) 3) in connection with 4) the purchase or sale 5) of a security 6) causing 7) damages.””
3 later decisions quote this exact passage · from the majority“The law in this circuit [the Second Circuit] recognizes a claim under Section 10(b) and Rule 10b-5 “where the plaintiff alleges that a broker knowingly or intentionally chose unsuitable investments for the client.” Plaintiffs vaguely worded pleadings imply such a claim. But it is not enough merely to allege or imply that the defendant broker’s purchases are inconsistent with a customer’s investment objective. A plaintiff must indicate which transactions and securities are involved and the reason why these securities are unsuitable.”
2 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.