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← 91 SW3D 314 - King v. Pope

King v. Pope’s Empirical Analysis

2002

Citation profile

15
cited by 15 later decisions
3
states following
April 2016
most recently cited

14 state decisions

Relationships

Applies 15 U.S.C. § 77B (§ 2 of the Securities Act of 1933) · 15 U.S.C. § 77R (§ 18 of the Securities Act of 1933) · 15 U.S.C. § 78C (§ 3 of the Securities Exchange Act of 1934)

Relies on Securities & Exchange Commission v. W. J. Howey Co. · United Housing Foundation, Inc. v. Forman · Securities & Exchange Commission v. Glenn W. Turner Enterprises Inc. · Securities & Exchange Commission v. Koscot Interplanetary, Inc. · Mathias v. WorldCom Technologies, Inc.

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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Under this test, an investment contract exists where (1) An offeree furnishes initial value to an offeror, and (2) a portion of this initial value is subjected to the risks of the enterprise, and (3) the furnishing of the initial value is induced by the offeror’s promises or representations which give rise to a reasonable understanding that a valuable benefit of some kind, over and above the initial value, will accrue to the offeree as a result of the operation of the enterprise, and (4) the offeree does not receive the right to exercise practical and actual control over the managerial decisions of the enterprise.”
    1 later decision quote this exact passage · from the majority
  2. “securities laws “are remedial in character, designed to prevent frauds and impositions upon the public, and consequently should be liberally construed to effectuate the purpose of the acts.” Since the Tennessee Securities Act of 1980 was enacted with the goal of protecting investors, this Court’s primary concern is with the investors of this state.”
    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.