United States Second Circuit

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SEC v. Gabelli, 10-3581

In a securities fraud action alleging that defendants failed to disclose preferential treatment of an investor over others concerning certain short-term trading practices, judgment of the district court dismissing action is reversed where: 1) defendants' statements were materially misleading; and 2) the court erred in dismissing the SEC's prayer for civil penalties as time-barred and a prayer for injunctive relief.

Appellate Information

  • Decided 08/01/2011
  • Published 08/01/2011

Judges

  • RAKOFF

Court

  • United States Second Circuit

Counsel

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