D & J Tire Inc. (“Appellant”) appeals the district court’s grant of summary judgment in favor of Hercules Tire & Rubber Company and Lawrence B. Seawell, a Hercules officer (collectively, “Appellees”). Appellant, a former Hercules minority shareholder, sued Appellees for breach of fiduciary...
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This case was brought by minority shareholders of Mineral Energy and Technology Corp. (METCO), against its directors and lawyers. The complaint alleged that the defendants violated the civil Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961–68, when they arranged to tr...
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This matter comes on before this Court on Franklin Brown’s consolidated appeals from: (1) a judgment of conviction and sentence entered by the District Court on October 15, 2004, reflecting the sentence the Court imposed on October 14, 2004; (2) an order denying Brown’s motion for a new trial en...
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The Archdiocese of Milwaukee Supporting Fund, Inc. filed this putative securities fraud class action as lead plaintiff against Halliburton Company and David Lesar, the Chief Operating Officer and then CEO during the class period, alleging violations of sections 10(b) and 20(a) of the Securities Exch...
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Plaintiff-appellant Operating Local 649 Annuity Trust Fund (“Local 649”) appeals from a judgment of the United States District Court for the Southern District of New York (Pauley, J.) dismissing claims alleging securities fraud in violation of § 10(b) of the Securities Exchange Act of 1934 and ...
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The tax court ruled, on summary judgment, that Nestlé Purina Petcare Company — hereafter Ralston, its name during the relevant years — could not deduct payments for cash distribution redemptive dividends. Ralston Purina Co. v. Comm’r, 131 T.C. 29 (2008). Ralston appeals. Having jurisdiction u...
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This litigation arises out of the issuance of an allegedly false and misleading proxy solicitation for a stock option plan. Plaintiff-appellant New York City Employees’ Retirement System (“NYCERS”) alleged that the false solicitation denied it its right to an informed shareholder vote and caus...
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The Securities Litigation Uniform Standards Act of 1998 (SLUSA), Pub. L. No. 105-353, 112 Stat. 3227, “provides that private state-law ‘covered’ class actions alleging untruth or manipulation in connection with the purchase or sale of a ‘covered’ security may not ‘be maintained in any St...
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This interpleader action involves a dispute over the ownership of an individual retirement account established by decedent Wayne Wilson and held by Charles Schwab & Company (“Schwab”). Katherine Chandler, Wilson’s surviving spouse, appeals the grant of summary judgment in favor of the named be...
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The Securities and Exchange Commission permanently barred Gary M. Kornman from association with any broker, dealer, or investment adviser pursuant to section 15(b) of the Securities and Exchange Act of 1934 and section 203(f) of the Investment Advisers Act of 1940. Kornman challenges the Commission...
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