| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-15454
|
Berson v. Applied Signal Technology Inc.
Plaintiffs' allege particular facts supporting inference that stop-work orders and misleading backlog statements caused precipitous drop in revenue. |
Securities |
|
Jun. 6, 2008 | |
|
06-30100
|
U.S. v. Stringer
In parallel criminal proceeding, government may use evidence SEC received in course of civil investigation without violating due process. |
Securities |
|
Apr. 7, 2008 | |
|
05-15704
|
Betz v. Trainer Wortham & Company Inc.
Statute of limitations for securities fraud claim begins to run when reasonable investor exercising reasonable diligence should have discovered she was defrauded. |
Securities |
|
Feb. 26, 2008 | |
|
A116116
|
Wells Fargo Bank v. Superior Court (Richtenburg)
Class action brought against bank based on state law is preempted by federal securities law. |
Securities |
|
Jan. 28, 2008 | |
|
06-43
|
Stoneridge Investment Partners v. Scientific-Atlanta
Dismissal is proper where private right of action under Section 10(b) of Securities Exchange Act of 1934 does not apply to aiders and abettors. |
Securities |
|
Jan. 16, 2008 | |
|
05-56424
|
Foster v. Wilson
Plaintiffs' federal securities fraud claim is properly dismissed where consultant's failure to purchase shares is at most, breach of contract. |
Securities |
|
Oct. 7, 2007 | |
|
05-15704
|
Betz v. Trainer Wortham & Co. Inc.
Statute of limitations for securities fraud claim begins to run when reasonable investor exercising reasonable diligence should have discovered she was defrauded. |
Securities |
|
Oct. 4, 2007 | |
|
05-55269
|
SEC v. Phan
Misstatements made in public company’s Form S-8 registration of securities do not rise to level of obviousness necessary to award summary judgment. |
Securities |
|
Aug. 29, 2007 | |
|
04-56791
|
Employers-Teamsters Local Nos. 175 & 505 Pension Trust Fund v. Anchor Capital Advisors
Non-parties in uncertified class action lack standing to bring appeal for alleged Securities Exchange Act violations. |
Securities |
|
Aug. 16, 2007 | |
|
B189589
|
Clark v. First Union Securities Inc.
Trial court has jurisdiction to reconsider its prior ruling after arbitrators found two class causes of action were not arbitration eligible. |
Securities |
|
Aug. 12, 2007 | |
|
05-17393
|
Petrone v. VERITAS Software Corp.
Settlement notice fails under Private Securities Litigation Reform Act of 1995 where estimated recovery was not based on all class shares. |
Securities |
|
Jul. 25, 2007 | |
|
05-1157
|
Credit Suisse Securities LLC v. Billing
Securities law implicitly precludes application of antitrust laws to underwriters' alleged conduct in case brought by investors for 'laddering' and 'tying' agreements. |
Securities |
|
Jun. 24, 2007 | |
|
04-56997
|
Johnson v. Aljian
Plaintiff need not plead actionable predicate violation to maintain claim under Section 20A of Exchange Act. |
Securities |
|
Jun. 24, 2007 | |
|
06-484
|
Tellabs Inc. v. Makor Issues & Rights Ltd.
'Strong' inference of scienter under Section 21D(b)(2) must be cogent and at least as compelling as any opposing inference of nonfraudulent intent. |
Securities |
|
Jun. 24, 2007 | |
|
05-1157
|
Credit Suisse Securities LLC v. Billing
Securities law implicitly precludes application of antitrust laws to underwriters' alleged conduct in case brought by investors for 'laddering' and 'tying' agreements. |
Securities |
|
Jun. 22, 2007 | |
|
04-56997
|
Johnson v. Aljian
Plaintiff need not plead actionable predicate violation to maintain claim under Section 20A of Exchange Act. |
Securities |
|
Jun. 22, 2007 | |
|
06-484
|
Tellabs Inc. v. Makor Issues & Rights Ltd.
'Strong' inference of scienter under Section 21D(b)(2) must be cogent and at least as compelling as any opposing inference of nonfraudulent intent. |
Securities |
|
Jun. 22, 2007 | |
|
05-71590
|
Saberi v. Commodity Futures Trading Commission
Petition to review case of trader who intentionally violated Chicago Mercantile Exchange rule in trading frozen pork bellies, is denied. |
Securities |
|
Jun. 8, 2007 | |
|
05-71590
|
Saberi v. Commodity Futures Trading Commission
Petition to review case of trader who intentionally violated Chicago Mercantile Exchange rule in trading frozen pork bellies, is denied. |
Securities |
|
Jun. 8, 2007 | |
|
05-15704
|
Betz v. Trainer Wortham & Co. Inc.
Naive investor does not have inquiry notice where reasonable investor should not have discovered alleged fraud and they receive constant assurances. |
Securities |
|
May 11, 2007 | |
|
G036509
|
Reiswig v. Dept. of Corporations for the State of California
Where company promoted certificates of deposit plus bonus, investment offered is not deemed security. |
Securities |
|
Mar. 20, 2007 | |
|
05-50882
|
U.S. v. Zolp
Court improperly finds stock to be worthless after revelation of securities fraud where shares sold and price increased. |
Securities |
|
Mar. 16, 2007 | |
|
B189249
|
Capital Research and Management Co. v. Brown
Savings clause of National Securities Markets Improvement Act permits state attorney general's enforcement action against security's investment advisor and wholesale broker-dealer. |
Securities |
|
Feb. 16, 2007 | |
|
B163699
|
People v. Frederick
Chain scheme offering co-ownership in corporation constitutes securities fraud, however filing false corporate tax return is not 'taking' for purposes of sentencing. |
Securities |
|
Nov. 2, 2006 | |
|
04-35715
|
Dreiling v. American Express Co.
Dismissal of case concerning short-swing profits was improper where there were questions of fact concerning whether insider was exempt from liability. |
Securities |
|
Oct. 19, 2006 | |
|
03-10029
|
U.S. v. Bhagat
No constructive amendment or material variance of indictment is found where facts presented were introduced for impeachment purposes. |
Securities |
|
Oct. 18, 2006 | |
|
04-35339
|
SEC v. Capital Consultants
Where parties failed to obtain direction for entry of judgment pursuant to FRCP Section 54(b), court lacked jurisdiction over their appeal. |
Securities |
|
Oct. 17, 2006 | |
|
E036597
|
Deveny v. Entropin Inc.
Triable issues of material fact exist about whether class alleging securities violations against pharmaceutical company had constructive notice of facts underlying complaint. |
Securities |
|
Sep. 6, 2006 | |
|
04-55665
|
Simpson v. AOL Time Warner Inc.
In securities case, complaint was properly dismissed where it failed to allege that false appearance was created to further scheme to defraud. |
Securities |
|
Sep. 6, 2006 | |
|
04-56084
|
Powers v. Wells Fargo Bank NA
Statute 18 U.S.C. Section 1964(c) bars RICO claims alleging security fraud in individual and class actions except where defendant has been criminally convicted. |
Securities |
|
Jun. 26, 2006 |
