United States Second Circuit

Where alleged injuries resulting from the coercive nature of a rights offering were to shareholders alone, and did not derive from an injury to the corporation, shareholder injury was "distinct," and supported direct claims under both Maryland law and sections 36(a)and (b), and 48 of the Investment Company Act.

Appellate Information

• Argued 04/17/2001
• Decided 02/28/2002
• Published 03/27/2002

Judges

• SACK, Circuit Judge., Before: LEVAL, SACK, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joel C. Feffer,Wechsler, Harwood, Halebian & Feffer LLP (Daniella Quitt, of counsel), New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Jack C. Auspitz, Morrison & Foerster, New York, NY (on the brief), for Defendants-Appellees Enrique R. Arzac, James J. Cattano, George W. Landau, Martin M. Torino, and Brazilian Equity Fund, Inc., Lawrence O. Kamin, Willkie Farr & Gallagher (Daniel B. Rosenthal, of counsel), New York, NY, for Defendants-Appellees BEA Associates, Emilio Bassini, Richard Watt, and Daniel Sigg.