I. BACKGROUNDPlaintiffs Lyric Hale, Michael Grainger, and Dr. Ronald Michael, individually and as derivative representatives of China Online, Inc., filed a corporate derivative lawsuit against defendants China Online, Victor Chu, Pansy Ho Chiu-King, and Stanley Ho Chiu-King, in the Circuit Court of ...
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Investors injured by fraud may recover under federal securities law only if the deceit caused them to purchase or sell securities. Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723 (1975). This purchaser-seller rule limits implied private rights of action but not the substantive requirements of fe...
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Respondent determined a $190,093 deficiency in Restituto T. and Virgencita P. Cezar’s (petitioners) individual Federal income tax as well as a $130,408 deficiency in the Federal income tax of petitioners’ wholly owned corporation, R.V.J. Cezar Corporation (the corporation) for 2004. Respondent a...
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This appeal concerns a civil enforcement action filed by the Securities and Exchange Commission (“SEC”). After concluding that there were securities law violations, the district court entered a final judgment under Federal Rule of Civil Procedure 54(b) pursuant to a partial summary judgment agai...
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We must decide whether a material misrepresentation in a prospectus caused actionable loss to shareholders when the price of the company’s stock did not decline in the weeks immediately following disclosure of the correct information.
I
A
Section 12(a)(2) of the Securities Act of 1933 imp...
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This case comes to us as an appeal from the dismissal of appellant L. Alan Jacoby’s putative class action lawsuit. In his Second Amended Complaint, Jacoby alleged RelationServe Media, Inc. and eleven of its directors and employees violated Sections 10(b) and 20(a) of the Securities Exchange Act of...
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Gunawan Onie and other plaintiffs (the “investors”) appeal the dismissal of their securities fraud class action against Cutera, Inc., its chief executive officer, Kevin Connors, and its chief financial officer, Robert J. Santilli (collectively “Cutera”), under §§ 10(b) and 20(a) of the Sec...
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Gerald Trooien brought this action against Peter Mansour and Barry Roitblat, former executive officers of Sproqit Technologies, Inc. (Sproqit), alleging violations of the Minnesota Securities Act (MSA), negligent and fraudulent misrepresentation, and breach of fiduciary duty, arising from Trooien's ...
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Louis Froud and other class representative plaintiffs, petitioners, request permission to appeal from an order of the district court denying a motion to remand their class action against Anadarko E&P and other entities, respondents.
The Class Action Fairness Act, 28 U.S.C. § 1453 (CAFA) sets fo...
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We decide whether §10(b) of the Securities Exchange Act of 1934 provides a cause of action to foreign plaintiffs suing foreign and American defendants for misconduct in connection with securities traded on foreign exchanges.
I
Respondent National Australia Bank Limited (National) was, during ...
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