United States Ninth Circuit

In a securities fraud action for misleading plaintiffs in connection with the sale of a closely held corporation to a publicly traded acquirer, the dismissal of the complaint is reversed where the non-applicability of the "Delaware carve-out" in the Securities Litigation Uniform Standards Act is a prerequisite to the district court's removal jurisdiction.

Appellate Information

• Argued 11/21/2008
• Decided 08/07/2009
• Published 08/07/2009

Judges

• Before PROCTER HUG, JR., JOHN T. NOONAN, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Philip Borowsky and Christopher James Hayes, Borowsky & Hayes LLP, San Francisco, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Linda Goldstein, New York, NY, for the defendants-appellees.