Miller v. Thane Int'l, Inc., 05-56043
In a class action brought against defendants under sections 12(a)(2) and 15 of the Securities Act of 1933 alleging control person liability against individual defendants in connection with a merger transaction, a judgment in favor of defendants is reversed where: 1) the district court clearly erred when it found that defendants did not misrepresent that they would list the merged company's shares on the NASDAQ; and 2) such misrepresentations were material. (Superceding amended opinion)
- Argued 05/09/2007
- Submitted 05/09/2007
- Decided 03/18/2008
- Published 03/18/2008
Before: BARRY G. SILVERMAN, KIM McLANE WARDLAW, and JAY S. BYBEE, Circuit Judges.
United States Ninth Circuit
Joel C. Feffer and Daniella Quitt, Wechsler Harwood LLP, New York, NY, and Lionel Z. Glancy and Peter A. Binkow, Glancy Binkow & Goldberg LLP, Los Angeles, CA, for the plaintiffs-appellants.
Daniel J. Tyukody and Michael C. Tu, Orrick, Herrington & Sutcliffe LLP, Los Angeles, CA, for the defendants-appellees.