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BENEFITS COMM. OF SAINT-GOBAIN CORP. v. KEY TRUST CO. OF OHIO

United States Sixth Circuit
Corporation & Enterprise Law, ERISA, Securities Law
Authorizing repayment by a company employee stock ownership plan, of a loan from the company's successor corporation, would not cause the plan trustee...
12/16/2002 01-3255

SEC. & EXCH. COMM'N v. J.T. WALLENBROCK & ASSOCS.

United States Ninth Circuit
Banking Law, Commercial Law, International Trade, Securities Law
Promissory notes purportedly secured by accounts receivable of Malaysian manufacturers constituted securities regulated under the Securities Act of...
12/12/2002 02-55481

TELEMARK DEV. GROUP, INC. v. MENGELT

United States Seventh Circuit
Banking Law, Contracts, Remedies, Securities Law
In an action for breach of contract on a promissory note, defendant's statements and conduct excused plaintiff from its obligation to tender actual...
12/12/2002 02-1280/1331

INTERSHOP COMMUNICATIONS, AG v. THE SUPERIOR COURT OF SAN FRANCISCO COUNTY (MARTINEZ)

California Court of Appeal
Civil Procedure, Contracts, Corporation & Enterprise Law, Securities Law
A forum selection clause in a stock options exchange agreement was not merely permissive, and its enforcement would not violate Corporations Code...
12/10/2002 A098878

HOWSAM v. DEAN WITTER REYNOLDS, INC.

United States Supreme Court
Civil Procedure, Dispute Resolution & Arbitration, Securities Law
A National Association of Securities Dealers (NASD) arbitrator, rather than a district court, should apply a NASD time limit rule to an underlying...
12/10/2002 01-800

KNISLEY v. NETWORK ASSOCS., INC.

United States Ninth Circuit
Attorney's Fees, Civil Procedure, Class Actions, Securities Law
A shareholder covered by a class action settlement, but who did not participate in the settlement, had no standing to challenge an award of attorneys'...
12/06/2002 01-16540

APPLEBAUM v. AVAYA, INC.

Supreme Court of Delaware
Corporation & Enterprise Law, Securities Law
A corporation could validly initiate a reverse stock split and selectively dispose of the fractional interests held by stockholders who no longer hold...
11/25/2002 375, 2002

GAYMAN v. PRINCIPAL FIN. SERV., INC.

United States Seventh Circuit
Civil Rights, Constitutional Law, Corporation & Enterprise Law, Property Law & Real Estate, Securities Law
42 U.S.C. section 1983 action, for the taking of policyholders' "property" (the right to receive liquidating distribution) without just compensation...
11/22/2002 02-2298

IN RE: CENDANT CORP. PRIDES LITIG.

United States Third Circuit
Civil Procedure, Class Actions, Securities Law
A custodian for mutual funds established excusable neglect for late filing of documents confirming its right to participate in the distribution of a...
11/21/2002 01-3656

THRIFTY OIL CO. v. BANK OF AM. NAT'L TRUST & SAV. ASS'N

United States Ninth Circuit
Banking Law, Bankruptcy Law, Contracts, Securities Law
"Termination damages" under an interest rate swap agreement, entered into between a lender and borrower as part of a larger financing transaction, did...
11/19/2002 00-56159

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