Legal Opinion

Schwartz v. Celestial Seasonings, Inc.

Court of Appeals for the Tenth Circuit

Decided September 5, 1997No. 95-1524PublishedCited by 186 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

Arthur M. Schwartz sued Celestial Seasonings, Inc., and others in the United States District Court for the District of Colorado for violations of securities laws. The district court dismissed the suit for failure to satisfy the particularized pleading requirements of Fed.R.Civ.P. 9(b). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court reverses and remands.

I. FACTUAL BACKGROUND

In July 1993 Celestial Seasonings, Inc., the largest manufacturer and marketer of herb teas in the United States, issued approximately two million shares of stock in an initial public…

2Cases cited14 opinions

  1. Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
  2. Howard Wool v. Tandem Computers Incorporated, Robert C. Marshall, Henry v. Morgan, and James G. TreybigCourt of Appeals for the Ninth Circuit · 1987
  3. Virginia Bankshares, Inc. v. SandbergSupreme Court of the United States · 1991
  4. Goldman v. BeldenCourt of Appeals for the Second Circuit · 1985
  5. Fed. Sec. L. Rep. P 93,590 David Segal v. Lawrence Gordon, and Coburn Corporation of AmericaCourt of Appeals for the Second Circuit · 1972

9 more not listed; retrieve them via the Exa API.

3Cited by186 opinions

  1. Rombach v. ChangCourt of Appeals for the Second Circuit · 2004
  2. Rombach v. ChangCourt of Appeals for the Second Circuit · 2004
  3. Koch v. Koch Industries, Inc.Court of Appeals for the Tenth Circuit · 2000
  4. Winer Family Trust v. QueenCourt of Appeals for the Third Circuit · 2007
  5. In Re Norman Docteroff, Debtor, Bert L. Wolstein Lady Iris Corporation v. Norman DocteroffCourt of Appeals for the Third Circuit · 1997

181 more not listed; retrieve them via the Exa API.

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