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Description Date Docket #

D'ALLESSIO v. SEC

United States Second Circuit
Administrative Law, Sanctions, Securities Law
Termination of plaintiff's membership in the NYSE is affirmed over plaintiff's contentions that 1) the SEC's partiality required its hearing officer...
08/16/2004 03-4883

KAPPS v. TORCH OFFSHORE, INC.

United States Fifth Circuit
Class Actions, Corporation & Enterprise Law, Securities Law
Plaintiff's class action seeking damages for the purchase of defendant's stock is dismissed where 1) defendant did not make any false or materially...
08/10/2004 03-30227

HOWARD v. SEC

United States DC Circuit
Sanctions, Securities Law
The SEC's order imposing sanctions on defendant is vacated where the district court applied an incorrect "should have known" negligence standard...
07/30/2004 03-1098

ASHER v. BAXTER INT'L INC.

United States Seventh Circuit
Corporation & Enterprise Law, Securities Law
Dismissal of plaintiff's complaint, alleging material misleading of projections by defendant, under Fed. R. Civ. P 12(b)(6) is reversed where the...
07/29/2004 03-3189

MARRIE v. SEC

United States DC Circuit
Administrative Law, Securities Law
The Court reversed defendant's denial of plaintiff's right to practice before the SEC, finding that defendant's recklessness standard was unclear at...
07/16/2004 03-1265

AMDAHL CORP. v. FRANCHISE TAX BOARD

California Court of Appeal
Securities Law, Tax Law
Plaintiffs successfully claimed the Franchise Tax Board had incorrectly applied the Revenue and Taxation Code concerning dividends received from its...
07/07/2004 A101101, A101203 & A102558

SEC v. TUSCHNER

United States Eighth Circuit
Securities Law
District court erred in finding SEC's position was substantially justified, as the SEC failed to appropriately and adequately investigate the case...
07/07/2004 03-2630

ZUCKER v. FRANKLIN

United States Third Circuit
Attorney's Fees, Securities Law
A shareholder who successfully represents himself as a pro se plaintiff in a derivative suit which confers a benefit on the corporation cannot collect...
06/30/2004 02-3389

KIRCHER v. PUTNAM FUNDS TRUST

United States Seventh Circuit
Civil Procedure, Class Actions, Securities Law
Court found that it did have subject matter jurisdiction under Securities Litigation Uniform Standards Act, and would proceed to the merits concerning...
06/29/2004 04-1495

PENNECOM B.V. v. MERRILL LYNCH & CO.

United States Second Circuit
Dispute Resolution & Arbitration, Injury & Tort Law, Securities Law
The court vacated trial court's dismissal, because if the plaintiff could prove it's allegations that defendant actively assisted in the presentation...
06/28/2004 03-7774

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