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Consumer Protection
109 S. Ct. 2893 (1989) | Cited 2129 times
... JUSTICE BRENNAN delivered the opinion of the Court. The Racketeer Influenced and Corrupt Organizations Act (RICO or Act), Pub. L. 91-452, Title IX, 84 Stat. 941, as amended, 18 U.S.C. §§ 1961-1968 (1982 ed. and Supp. V), imposes criminal and civil liability upon those who engage in certain ...
7 F.3d 1130 (1993) | Cited 1961 times
... MURNAGHAN, Circuit Judge: Plaintiff-appellant Mylan Laboratories, Inc. ("Mylan") has appealed the dismissal of its Third Amended Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court dismissed all of Mylan's claims with prejudice. On ...
954 F.2d 1125 (1992) | Cited 1318 times
... EMILIO M. GARZA, Circuit Judge: Onshore Exploration Ltd. ("Onshore") is a Texas limited partnership formed to engage in oil and gas drilling ventures. On December 3, 1987, plaintiffs -- fifteen out of seventy-seven Onshore investors -- brought this action against twenty-three defendants. 1 ...
745 F.2d 1101 (1984) | Cited 1093 times
... Before ESCHBACH and FLAUM, Circuit Judges, and JAMESON, Senior District Judge.*fn* ESCHBACH, Circuit Judge. Essentially two questions are presented by this appeal: (1) whether the district court erred in dismissing the plaintiffs' antitrust complaint for failure to state a claim upon which relief ...
901 F.2d 624 (1990) | Cited 971 times
... EASTERBROOK, Circuit Judge. Continental Illinois Bank's financial distress during the 1980s left many victims, from taxpayers (who injected some $2 billion to keep the bank afloat) to equity investors (who lost most of the value of their stock) to some of its officers (now spending time in prison) ...
939 F.2d 1257 (1991) | Cited 950 times
... GOLDBERG, Circuit Judge In this trade-dress case, we must determine whether it was too precocious of the district court to strip the plaintiffs of a jury trial on their tortious interference claim before the facts were more fully clothed. I. BACKGROUND MATERIAL This case is on appeal following ...
913 F.2d 108 (1990) | Cited 922 times
... SLOVITER, Circuit Judge Opinion OF THE COURT This is an appeal by a former dealer of Snap-on Tools Corporation of the district court's grant of summary judgment for defendants Snap-on and two of its employees. We must consider at the outset whether there was subject matter jurisdiction on the ...
754 F.2d 1059 (1985) | Cited 919 times
... Before: FEINBERG, Chief Judge, and MANSFIELD and KEARSE, Circuit Judges. KEARSE, Circuit Judge: Plaintiff Steven Goldman appeals from a judgment of the United States District Court for the Western District of New York, Michael A. Telesca, Judge, dismissing his amended complaint charging ...
311 F.3d 198 (2002) | Cited 885 times
... PRECEDENTIAL Argued on January 17, 2002 OPINION OF THE COURT This appeal marks the second time that we address the underlying dispute between the parties. The controversy relates to the landmark Rockefeller Center in midtown Manhattan and arises out of the proxy solicitation in connection with ...
908 F.2d 1142 (1990) | Cited 777 times
... SLOVITER, Circuit Judge. Opinion OF THE COURT I. Facts and Procedural History The following facts are taken from the Amended Complaint of appellee Comdyne I Inc. (Comdyne). George T. Corbin, appellant, was the founder and, until 1982, a director and the sole shareholder of Corbin Sales ...
536 F.3d 1049 (2008) | Cited 737 times
... FOR PUBLICATION Argued and Submitted December 6, 2007-San Francisco, California. Before: Alex Kozinski, Chief Judge, Michael Daly Hawkins, and Robert E. Cowen, 1 Circuit Judges. OPINION A group of individual investors brought this securities fraud action on behalf of themselves and a proposed ...
567 F.3d 1120 (2009) | Cited 720 times
... FOR PUBLICATION Argued and Submitted October 20, 2008 -- Pasadena, California Before: Harry Pregerson, Cynthia Holcomb Hall and N. Randy Smith, Circuit Judges. Opinion by Judge N.R. Smith OPINION William Kearns's Third Amended Complaint ("TAC") claimed violations of California's Consumers ...
12 F.3d 1170 (1993) | Cited 702 times
... MCLAUGHLIN, Circuit Judge: Plaintiffs William L. Mills, Chester J. Walsh, T.V. Miles and Joseph Mello appeal from a judgment of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge), dismissing their claims of securities fraud, brought under Section 10(b) ...
355 F.3d 164 (2004) | Cited 692 times
... Argued: January 30, 2003 This putative securities class action is brought by investors who purchased stock in Family Golf Centers, Inc. ("Family Golf"), a now-bankrupt company that was in the business of acquiring and operating golf courses. Defendants were certain officers of the company and the ...
885 F.2d 531 (1989) | Cited 655 times
... DAVID R. THOMPSON, Circuit Judge. Defrauded investors who lost money in the purchase of unregistered securities sued the principals involved, as well as various accountants, lawyers and stockbrokers. The investors' second amended complaint was dismissed as against the accountants, lawyers and ...
100 S. Ct. 1108 (1980) | Cited 635 times
... MR. JUSTICE POWELL delivered the opinion of the Court. The question in this case is whether a person who learns from the confidential documents of one corporation that it is planning an attempt to secure control of a second corporation violates § 10 (b) of the Securities Exchange Act of 1934 if he ...
365 F.3d 353 (2004) | Cited 627 times
... PUBLISHED Plaintiffs Southland Securities Corporation, Jeffrey Fielkow, Rick Taylor, William Wares, Ron Rumpler, and William White (plaintiffs) appeal the district court's dismissal, pursuant to Fed. R. Civ. P. 9(b) and the Private Securities Litigation Reform Act (PSLRA), of their securities ...
499 F.3d 663 (2007) | Cited 588 times
... ARGUED APRIL 13, 2007 Before FLAUM, MANION, and WOOD, Circuit Judges. The only question presented in this appeal is whether the district court abused its discretion in denying Airborne Beepers & Video, Inc., leave to file a fourth amended complaint. The district court decided that the plaintiff ...
352 F.3d 775 (2003) | Cited 560 times
... Argued October 7, 2003 Plaintiff-appellant Dallas Aerospace, Inc. ("Dallas"), a buyer of a used jet engine from defendant-appellee CIS Air Corporation ("CIS"), appeals from the judgment of the United States District Court for the Southern District of New York (Barbara S. Jones, District Judge), ...
540 F.3d 333 (2008) | Cited 530 times
... Published opinion Before JONES, Chief Judge, WIENER and CLEMENT, Circuit Judges. Robert Dorsey ("Dorsey") challenges the district court's dismissal of his claims for fraud under federal securities law and Texas state law against Portfolio Equities, Inc. ("PEI"), Charter Home Funding, Inc. ...
128 S.Ct. 761 (2008) | Cited 526 times
... 552 U. S. ____ (2008) We consider the reach of the private right of action the Court has found implied in §10(b) of the Securities Exchange Act of 1934, 48 Stat. 891, as amended, 15 U. S. C. §78j(b), and SEC Rule 10b-5, 17 CFR §240.10b-5 (2007). In this suit investors alleged losses after ...
472 F.3d 506 (2006) | Cited 523 times
... ARGUED MARCH 29, 2006 Before BAUER, KANNE, and SYKES, Circuit Judges. This putative class action alleges the Coca-Cola Company ("Coke") deceived Diet Coke® consumers in Illinois by failing to disclose that fountain Diet Coke and bottled Diet Coke are not the same product. Fountain Diet Coke ...
886 F.2d 8 (1989) | Cited 510 times
... PIERCE, Circuit Judge Nicholas Cosmas appeals from an order of the United States District Court for the Southern District of New York, Judge John Walker, Jr., which dismissed Cosmas' amended complaint for failure to satisfy the pleading requirements of Federal Rule of Civil Procedure 9(b). We ...
265 F.3d 853 (2001) | Cited 485 times
... FOR PUBLICATION OPINION Argued and Submitted December 14, 2000--San Francisco, California Opinion by Judge William A. Fletcher OPINION Defendant Pfizer Inc. ("Pfizer") appeals a district court order awarding attorneys' fees to plaintiffs Susan Kanter and Sharon Plunk ("Plaintiffs") under 28 ...
100 S. Ct. 1945 (1980) | Cited 481 times
... MR. JUSTICE STEWART delivered the opinion of the Court. The issue in this case is whether the Securities and Exchange Commission (Commission) is required to establish scienter as an element of a civil enforcement action to enjoin violations of § 17 (a) of the Securities Act of 1933 (1933 Act), § ...
612 F.3d 932 (2010) | Cited 470 times
... ARGUED APRIL 19, 2010 Before BAUER and SYKES, Circuit Judges, and GRIESBACH, District Judge. 1 Michael Siegel, like many Americans, didn't like the price he was paying for gasoline. So he sued five of the eight largest oil companies. Siegel moved for class certification, seeking relief under ...
183 F.3d 488 (1999) | Cited 465 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 99a0252p.06 Argued: March 17, 1999 OPINION Plaintiffs-Appellants, Thomas J. Coyne, Jr. and Timothy F. Hagan, on behalf of the State of Ohio and all Ohio taxpayers, appeal from the order entered by the district ...
264 F.3d 131 (2001) | Cited 464 times
... (Argued: December 12, 2000) Appeal from the judgment of the United States District Court for the Southern District of New York (Scheindlin, J.), entered on April 11, 2000, dismissing plaintiff's Amended Complaint alleging securities fraud without leave to amend, under Federal Rule of Civil ...
138 F.3d 46 (1998) | Cited 463 times
... [CORRECTED OPINION] Argued June 13, 1997 Appeal from the order of the United States District Court for the Southern District of New York (Michael B. Mukasey, District Judge), denying class action plaintiffs' motion to remand their complaint to state court in Marcus v. AT&T, No. 96-9244, and ...
802 F.2d 49 (1986) | Cited 462 times
... WINTER, Circuit Judge: This case involves allegations of fraud in the solicitation of investors in an ill-fated real estate partnership. Judge Carter denied plaintiffs' request for preliminary injunctive relief and dismissed claims based on the Securities Act of 1933 and pendent state law claims ...
926 F.2d 1285 (1991) | Cited 448 times
... CARDAMONE, Circuit Judge One of the principal questions posed by this appeal is whether the availability of civil proceedings -- often used to enforce the securities laws -- forecloses the government from instituting criminal prosecution for the violation of these same laws. The complex ...
170 F.3d 985 (1999) | Cited 447 times
... PUBLISH In this diversity action, Woodworker's Supply, Inc. (Woodworker) sued its former insurer, Principal Mutual Life Insurance Company, for unfair trade practices and fraud. The district court held that the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et. seq., ...
29 F.3d 280 (1994) | Cited 444 times
... KANNE, Circuit Judge. This case has its origin in an earlier suit filed in an Indiana state court by the Cosco Federal Credit Union against one of the plaintiffs, Greg Henson, and his brother Jeff. In that action, the state court clerk erroneously noted in the Judgment Docket that a money judgment ...
945 S.W.2d 812 (1997) | Cited 437 times
... OPINION DELIVERED: May 16, 1997 On Application for Writ of Error to the Court of Appeals for the First District of Texas Argued on March 19, 1996 Justice Cornyn delivered the opinion for a unanimous Court. We withdraw our opinion of January 10, 1997, and substitute the following in its place. ...
678 F.3d 235 (2012) | Cited 423 times
... PRECEDENTIAL Argued December 15, 2011 Before: SLOVITER, VANASKIE and GREENBERG, Circuit Judges OPINION At issue in these consolidated appeals is the standing of third-party payors of drugs prescribed for "off-label" purposes, i.e., uses not approved by the Food and Drug Administration ("FDA"), ...
180 F.3d 525 (1999) | Cited 420 times
... Argued March 9, 1999 (Filed June 17, 1999) OPINION OF THE COURT This is a securities class action lawsuit brought by shareholders of Advanta Corporation against the corporation and several of its officers. Plaintiffs allege the defendants made false and misleading statements and material ...
815 F.2d 1265 (1987) | Cited 417 times
... THOMAS TANG, MARY M. SCHROEDER and WILLIAM A. NORRIS, Circuit Judges. TANG, Circuit Judge: The Durnings appeal the district court's dismissal of their securities fraud action for failure to state a claim upon which relief can be granted. The Durnings brought suit in United States District Court ...
539 F.3d 1011 (2008) | Cited 415 times
... FOR PUBLICATION OPINION Argued and Submitted May 14, 2008-San Francisco, California Before: Betty B. Fletcher and Pamela Ann Rymer, Circuit Judges, and Kevin Thomas Duffy, 1 District Judge. Opinion by Judge B. Fletcher; Concurrence by Judge Rymer This appeal presents a question that remains ...
762 F.2d 621 (1985) | Cited 404 times
... THEANEY, Circuit Judge. In this securities fraud class action, the district court granted Bankers Trust Company's (BTC) motion for summary judgment. Appellant Thelma Metge appeals on behalf of herself and 635 others similarly situated, arguing that the district court erred on the facts and law ...
719 F.2d 5 (1983) | Cited 400 times
... MESKILL, Circuit Judge: This appeal spotlights two issues of significance for the litigation of federal securities fraud claims: (1) whether a shareholder who unwittingly sold stock of a "target" company on the open market prior to public announcement of a tender offer has a cause of action for ...
209 F.3d 43 (2000) | Cited 392 times
... Argued: November 30, 1999 Plaintiffs' counsel appeal from two orders of the United States District Court for the Southern District of New York (Kram, J.) awarding attorneys' fees. AFFIRMED. Following the settlement for over $54 million of a securities class action, plaintiffs' counsel sought ...
193 F.2d 461 (1952) | Cited 390 times
... Before SWAN, Chief Judge, L. HAND and AUGUSTUS N. HAND, C. JJ. AUGUSTUS N. HAND, C.J.: The appellants are stockholders of the Newport Steel Corporation who brought suit on behalf of that corporation and as the representatives of all similarly situated stockholders. The complaint alleges a ...
407 F.3d 690 (2005) | Cited 387 times
... Before JONES, SMITH, and STEWART, Circuit Judges. In this appeal, we review the district court's dismissal with prejudice of a securities fraud complaint filed by Robert Plotkin and members of his family (collectively "Plotkin") against IPaxess, Inc. ("IPaxess") and two of its officers, Michael A. ...
120 S.Ct. 1339 (2000) | Cited 385 times
... Opinion of the Court WAL-MART STORES, INC. v. SAMARA BROTHERS, INC. On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit In this case, we decide under what circumstances a product's design is distinctive, and therefore protectible, in an action for infringement of ...
564 F.3d 386 (2009) | Cited 375 times
... Published opinion Before KING, HIGGINBOTHAM, and WIENER, Circuit Judges. In 1998, Plaintiff Billy Mullins sold all the assets of his company to Defendant TestAmerica, Inc. in exchange for cash and an unsecured promissory note payable to Mullins's company, renamed Faraway Enterprises. ...
890 F.2d 628 (1989) | Cited 353 times
... Opinion OF THE COURT SCIRICA, Circuit Judge This is an appeal from dismissal of a consolidated class action complaint brought under various provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934. The district court dismissed the securities law claims under Fed.R.Civ.P. ...
673 F.3d 547 (2012) | Cited 344 times
... Argued Oct. 26, 2011 Before RIPPLE and HAMILTON, Circuit Judges, and MYERSCOUGH, District Judge. 1 We are asked in this appeal to determine whether Lori Wigod has stated claims under Illinois law against her home mortgage servicer for refusing to modify her loan pursuant to the federal Home ...
286 F.3d 661 (2002) | Cited 337 times
... PRECEDENTIAL Argued January 15, 2002 This appeal arises out of a putative class action against Ford Motor Company relating to two allegedly defective components in the transmissions installed in Ford vehicles during the 1990-1995 model years. Asserting that Ford knew about the defective parts ...
155 F.3d 644 (1998) | Cited 336 times
... (Caption amended per Clerk's 11/27/95, 1/3/96 & 2/29/96 orders) On Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 90-cv-04420) Argued September 16, 1996 (Opinion Filed August 31, 1998) OPINION OF THE COURT This case arises from the sale of ...
360 F.3d 960 (2004) | Cited 333 times
... FOR PUBLICATION Argued and Submitted October 10, 2003-Pasadena, California OPINION Defendants Waddell & Reed, Inc., and its various associated entities, (Waddell & Reed) timely appeal from a district court order denying their motion to dismiss Plaintiff United Investors Life Insurance Co.'s ...
298 F.3d 893 (2002) | Cited 327 times
... FOR PUBLICATION Argued and Submitted March 13, 2002--San Francisco, California OPINION The issue before us is whether the complaint in this securities fraud class action states a claim under the heightened pleading requirements of the Private Securities Litigation Reform Act of 1995 ("PSLRA"), ...
835 N.E.2d 801 (2005) | Cited 326 times
... Unpublished opinion Docket No. 91494-Agenda 7-May 2003. Michael Avery and other named plaintiffs brought a class action in the circuit court of Williamson County against defendant, State Farm Mutual Automobile Insurance Company (State Farm). Representing a nearly nationwide class of State Farm ...
90 F.3d 696 (1996) | Cited 325 times
... Argued: November 2, 1995 (Opinion Filed: July 18, l996) This is an appeal from three orders dismissing all of the plaintiffs' claims in a consolidated class action securities fraud complaint. The orders were based on Federal Rules of Civil Procedure 8, 9(b), and 12(b)(6). We affirm in part, ...
126 S.Ct. 1503 (2006) | Cited 321 times
... 547 U. S. ____ (2006) Title I of the Securities Litigation Uniform Standards Act of 1998 (SLUSA) provides that "[n]o covered class action" based on state law and alleging "a misrepresentation or omission of a material fact in connection with the purchase or sale of a covered security" "may be ...
517 F.3d 544 (2008) | Cited 313 times
... Submitted: April 12, 2007 Before WOLLMAN, BEAM, and COLLOTON, Circuit Judges. Investors Vernon Schaaf, Julian Boik, and Alfred Streufert appeal the district court's 1 dismissal of their claims against Residential Funding Corporation (RFC) and Heller Financial, Inc. The district court concluded ...
929 F.2d 1131 (1991) | Cited 312 times
... LIVELY, Senior Circuit Judge This appeal concerns the reviewability and validity of forum selection and choice of law clauses in a franchise agreement. More specifically, the plaintiffs-appellants contend that a district court erroneously transferred the case to another district designated in the ...
627 F.2d 1036 (1980) | Cited 298 times
... Plaintiffs' appeal is from the district court's dismissal of their amended complaint for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Plaintiffs, purporting to represent a class of purchasers, filed this action more than eight years after purchasing subdivided ...
766 F.2d 770 (1985) | Cited 296 times
... Opinion OF THE COURT SLOVITER, Circuit Judge. I. FACTS AND PROCEDURAL HISTORY Plaintiffs Martin Eisenberg and Arthur Nissen were investors in two limited partnerships, Bar Associates (Bar) and Cay Associates (Cay), which were part of a series of limited partnerships designed as tax shelters. ...
693 F.2d 870 (1982) | Cited 294 times
... POOLE, Circuit Judge: This is an appeal by Charles and Jane Zoslaw, the former owners of a retail record store, from a series of orders entered by the district court granting summary judgment in favor of appellee record distributors: Warner/Elektra/Atlantic Corporation (WEA); MCA Distributing ...
943 F.2d 485 (1991) | Cited 283 times
... CHAPMAN, Senior Circuit Judge Plaintiffs/appellants Ivan and Joanne Schatz sued defendants Mark E. Rosenberg, MER Enterprises ("MER") and the law firm of Weinberg & Green alleging RICO violations, fraud and securities laws violations. The district judge referred the case to a magistrate judge who ...
91 F.3d 337 (1996) | Cited 282 times
... Decided August 1, 1996 Plaintiff, a steel company, bought another steel company. Defendants are various former officers and owners of the purchased company whom plaintiff accuses of securities fraud, common law fraud, breach of contract, and other claims. The United States District Court for the ...
972 F.2d 580 (1992) | Cited 276 times
... JERRY E. SMITH, Circuit Judge: On behalf of itself and the other interest-holders in 523 West Texas oil wells, Parker & Parsley Petroleum Company ("Parker & Parsley") filed suit in federal district court against Dresser Industries, Inc., Titan Services, Inc., BJ Services U.S.A., Inc., BJ-Hughes ...
658 F.3d 1282 (2011) | Cited 276 times
... [PUBLISH] FILED U.S. COURT OFAPPEALS ELEVENTH CIRCUIT SEP 30, 2011 JOHN LEY CLERK Before HULL and MARCUS, Circuit Judges, and COOKE, 1 District Judge. In this securities fraud class action, the investor Plaintiffs sued the Defendant company MIVA, Inc. ("MIVA") 2 and three of its principal ...
105 S. Ct. 2297 (1985) | Cited 275 times
... JUSTICE POWELL delivered the opinion of the Court. This case presents the question whether the sale of all of the stock of a company is a securities transaction subject to the antifraud provisions of the federal securities laws (the Acts). I Respondents Ivan K. Landreth and his sons owned all of ...
983 F.2d 350 (1992) | Cited 274 times
... KEARSE, Circuit Judge: Defendants-third-party-plaintiffs William D. Fugazy ("William" or "William Fugazy"), Travelco, Inc. ("Travelco"), and Fugazy International Corporation ("International") appeal from so much of a final judgment, entered in the United States District Court for the Southern ...
102 F.3d 1478 (1996) | Cited 265 times
... AMENDED OPINION PREGERSON, Circuit Judge: Plaintiffs Diane Provenz and Ahikim Eizenberg, on behalf of themselves and all other similarly situated purchasers of stock of MIPS Computer Systems, Inc. (MIPS), appeal the district court's grant of summary judgment in favor of all defendants. Plaintiffs ...
101 F.3d 1450 (1996) | Cited 255 times
... Decided: December 10, 1996 Appeal from a judgment of the United States District Court for the Southern District of New York, Richard Owen, Judge, holding defendants liable for federal securities law violations, appointing special agent to determine whether additional violations were committed, ...
877 F.2d 1333 (1989) | Cited 252 times
... EASTERBROOK, Circuit Judge Mid-State Fertilizer Co. sold fertilizer in mid-state Illinois. It needed money to buy supplies, pay its workers, and run the business until it could collect from customers. Mid-State arranged for revolving credit from the Exchange National Bank of Chicago, which ...
479 F.2d 1277 (1973) | Cited 251 times
... Before FRIENDLY, Chief Judge, and MOORE, SMITH, KAUFMAN, HAYS, FEINBERG, MANSFIELD, MULLIGAN, OAKES and TIMBERS, Circuit Judges. MOORE, Circuit Judge: We sit en banc to decide a question important to the course of evolution of the law relating to corporate directors' liabilities largely spawned ...
640 F.2d 534 (1981) | Cited 250 times
... This eight-year securities litigation traverses the gamut of Rule 10b-5 issues. After lengthy discovery and a three-week trial to a jury, a judgment was entered on the basis of the jury's special verdict in answer to specific factual interrogatories. Despite this carnage, the battle must again be ...
814 F.2d 22 (1987) | Cited 236 times
... BOWNES, Circuit Judge. Plaintiff-appellant Gilbert Roeder brought a class action suit on his own behalf and on behalf of others similarly situated against defendants-appellants Alpha Industries, Inc., a company in which he owned stock, and its officers and directors, for damages and declaratory ...
27 F.3d 1097 (1994) | Cited 233 times
... EDITH H. JONES, Circuit Judge: URCARCO operates a chain of "we finance" used car lots in Fort Worth, Dallas, Houston, and Austin. The company targets market areas with a high concentration of prospective purchasers who would otherwise have trouble locating financing because of their income levels, ...
340 F.2d 457 (1965) | Cited 224 times
... Before SWAN, WATERMAN and MOORE, Circuit Judges. WATERMAN, Circuit Judge: Plaintiff brought suit in the United States District Court for the Southern District of New York, seeking damages of $160,293 from numerous individual, partnership, and corporate defendants. The suit was based upon alleged ...
475 F.3d 824 (2007) | Cited 221 times
... ARGUED JUNE 7, 2006 Before BAUER, RIPPLE and WOOD, Circuit Judges. Tricontinental Industries Limited and Tricontinental Distribution Limited (collectively "Tricontinental") instituted this action against PricewaterhouseCoopers, LLP ("PwC"), for negligent misrepresentation, common law fraud and ...
211 F.3d 445 (2000) | Cited 217 times
... Argued February 22, 2000 In February and March of 1996, Pamela Jean Tylka, H. Joshua Chaet, Cheryl Keller, Jeanette DeLeon, Toni Cainkar, Elaine T. Hyneck, and Barbara F. Berg filed almost identical class-action lawsuits against Gerber Products in the Circuit Court of Cook County, Illinois. In ...
113 F.3d 738 (1997) | Cited 217 times
... ARGUED FEBRUARY 24, 1997 DECIDED MAY 12, 1997 The plaintiffs in this class action under sections 10(b) and 20(a) of the Securities Exchange Act, 15 U.S.C. secs. 78j(b), 78t(a), and the SEC's Rule 10b-5, 17 C.F.R. sec. 240.10b-5, seek to recover the damages they claim to have suffered as a ...
902 F.2d 169 (1990) | Cited 216 times
... Altimari, Circuit Judge. Plaintiff-appellant Susan R. Wexner appeals from a judgment of the United States District Court for the Southern District of New York (Vincent L. Broderick, Judge) dismissing her amended complaint against defendants-appellees First Manhattan Co. ("First Manhattan"), John ...
291 F.3d 336 (2002) | Cited 215 times
... This appeal presents questions concerning the pleading requirements under the Private Securities Litigation Reform Act of 1995, the PSLRA. The Alcatel Plaintiffs Group filed this putative class action after a precipitous drop in the stock price of Alcatel SA. The amended complaint alleged that ...
49 F.3d 1363 (1994) | Cited 215 times
... BOOCHEVER, Circuit Judge: William Kaplan appeals the district court's grant of summary judgment to the defendants in his class action alleging securities violations against Medstone International, Inc., various Medstone officers and directors, and an underwriter (hereinafter collectively referred ...
40 F.3d 11 (1994) | Cited 213 times
... STAHL, Circuit Judge. Plaintiff Stephanie S. Smith sued her former employer, Stratus Computer, Inc. ("Stratus"), for illegal sex discrimination. The district court granted summary judgment for Stratus and Smith appeals. We affirm. I. Standard of Review and Background A. Standard of Review ...
936 F.2d 759 (1991) | Cited 212 times
... WALKER, Circuit Judge Plaintiff I. Meyer Pincus & Associates ("Pincus"), a one-man professional corporation, appeals from an Opinion and Order dismissing his Second Amended Complaint by the United States District Court for the Southern District of New York (John Keenan, Judge). The complaint ...
147 F.3d 184 (1998) | Cited 211 times
... Argued: March 11, 1998 Plaintiffs appeal from an order of the United States District Court for the Southern District of New York (Kram, J.), granting a motion to dismiss the complaint arising under Section 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule ...
770 F.2d 308 (1985) | Cited 207 times
... MESKILL, Circuit Judge: This is an appeal from a final judgment of the United States District Court for the Southern District of New York, Duffy, J., dismissing appellants' complaint for failure to state a claim upon which relief could be granted. The complaint alleges causes of action under ...
418 F.2d 1276 (1969) | Cited 207 times
... IRVING R. KAUFMAN, Circuit Judge: This tortuous litigation raises at least two issues of great importance: are punitive damages available in private actions based on § 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a); and, may an underwriter be indemnified by an issuer for liabilities ...
464 F.3d 1273 (2006) | Cited 206 times
... [PUBLISH] Before EDMONDSON, Chief Judge, and BIRCH and ALARCON, 1 Circuit Judges. In this appeal, we determine that even securities claims without a fraud element must be pled with particularity pursuant to Federal Rule of Civil Procedure 9(b) when that nonfraud securities claim is alleged to be ...
424 F.2d 161 (1970) | Cited 203 times
... Opinion OF THE COURT ADAMS, Circuit Judge. This is an appeal from the order of the District Court for the District of Delaware dismissing the petition of plaintiff, Alexander Kahan, for counsel fees and expenses arising out of his individual and representative actions against defendants for ...
611 F.3d 767 (2010) | Cited 202 times
... [PUBLISH] Before EDMONDSON, CARNES and ANDERSON, Circuit Judges. This trademark infringement action concerns two restaurants, situated on opposite sides of the country, that share very similar names. Dan Tana, owner of Dan Tana's restaurant in Hollywood, California ("Plaintiff"), brought this ...
416 F.3d 940 (2005) | Cited 198 times
... FOR PUBLICATION OPINION Argued and Submitted October 5, 2004-Seattle, Washington Filed April 6, 2005; as amended August 2, 2005 Before: Dorothy W. Nelson, Stephen Reinhardt, and Sidney R. Thomas, Circuit Judges. The petition for rehearing and petition for rehearing en banc are DENIED.No ...
70 F.3d 1078 (1995) | Cited 196 times
... NORRIS, Circuit Judge: Plaintiffs appeal the district court's dismissal of their securities fraud action on the ground that it failed to meet the requirements of Fed. R. Civ. P. 12(b)(6) and 9(b). We review the district court's dismissal de novo, Wool v. Tandem Computers, Inc., 818 F.2d 1433, ...
565 F.3d 200 (2009) | Cited 193 times
... Published opinion Before KING, BENAVIDES, and CLEMENT, Circuit Judges. Appellants, Flaherty & Crumrine Preferred Income Fund, Inc.; Flaherty & Crumrine Preferred Income Opportunity Fund, Inc.; Flaherty & Crumrine/Claymore Preferred Securities Income Fund, Inc. (collectively, "F&C"); and Stan ...
811 F.2d 326 (1987) | Cited 192 times
... Before WOOD, Jr., and POSNER, Circuit Judges, and ESCHBACH, Senior Circuit Judge. WOOD, Jr., Circuit Judge. Plaintiffs Harold DeValk, John Fitzgerald, and DeValk Lincoln Mercury, Inc., ("DLM"), appeal a grant of summary judgment in favor of defendants Ford Motor Company and Ford Leasing ...
120 Cal.App.4th 90 (2004) | Cited 189 times
... CERTIFIED FOR PUBLICATION In this case we hold that where a defendant has shown that a substantial part of a cause of action constitutes speech or petitioning activity protected by the anti-SLAPP (strategic lawsuit against public participation) statute (Code Civ. Proc., § 425.16), thereby ...
371 N.E.2d 634 (1977) | Cited 188 times
... Robert Steinberg received a catalog, applied for admission to defendant, Chicago Medical School, for the academic year 1974-75, and paid a $15 fee. He was rejected. Steinberg filed a class action against the school claiming it had failed to evaluate his application and those of other applicants ...
156 F.3d 721 (1998) | Cited 184 times
... Argued April 16, 1998--Decided September 2, 1998 Judith Goren initiated this action against ten defendants: New Vision International, Inc. ("New Vision"), Benson Boreyko, Jason Boreyko, Ben Boreyko, Karen Boreyko and Lynne Boreyko (collectively, "the Boreykos"), Dr. Joel Wallach, Kelly Enterprise ...
916 A.2d 257 (2007) | Cited 183 times
... Bell, C.J., 1 Eldridge, Raker, 2 Wilner, Cathell, Harrell Battaglia, JJ. Opinion Bell, C.J. Eldridge, J., Concurs. The major issue in this case is whether the cost to repair defective seatbacks, which allegedly have a tendency to collapse in rear-impact collisions, causing, in some cases, ...
750 F.2d 1141 (1984) | Cited 182 times
... BEFORE: MANSFIELD and KEARSE, Circuit Judges, and METZNER, District Judge. MANSFIELD, Circuit Judge: After a one-month jury trial in the Eastern District of New York before Judge Henry Bramwell on charges of racketeering, 18 U.S.C. § 1962(c), racketeering conspiracy, 18 U.S.C. § 1962(d), and ...
471 F.3d 469 (2006) | Cited 182 times
... PRECEDENTIAL Submitted Pursuant to Third Circuit L.A.R. 34.1(a) November 27, 2006 Before: BARRY, SMITH, and NYGAARD, Circuit Judges. OPINION I. This appeal requires us for the first time to interpret certain provisions of the newly-enacted Class Action Fairness Act of 2005 (CAFA), Pub. L. No. ...
35 F.3d 1407 (1994) | Cited 180 times
... HALL, Circuit Judge: In this appeal, we consider the saga of Worlds of Wonder, Inc. ("WOW"), a toy company that sold $80 million of "junk bonds" to the investing public in June 1987. When WOW defaulted on its very first interest payment and filed for bankruptcy just six months later, rendering the ...
763 F.2d 604 (1985) | Cited 179 times
... SNEEDEN, Circuit Judge: Plaintiff Terry's Floor Fashions, Inc. ("Terry's"), appeals from a judgment of the United States District Court for the Eastern District of North Carolina, James C. Fox, Judge, allowing the defendant's motions for summary judgment regarding the plaintiff's Sherman Act § 1 ...
984 F.2d 567 (1993) | Cited 178 times
... OAKES, Circuit Judge: W.W.W. Pharmaceutical Co., Inc. ("WWW") appeals from a judgment as a matter of law granted to defendant-appellee Gillette Co. ("Gillette"). WWW sued Gillette under the Lanham Act for trademark infringement, 15 U.S.C. § 1114 (1988), and false designation of origin, 15 U.S.C. § ...