Legal Opinion

Feder Ex Rel. IVAX Corp. v. Frost

District Court, S.D. New York

Decided February 15, 2007No. 98 CIV. 4744(RO)PublishedCited by 1 opinion

1Opinion of the Court

OPINION & ORDER

OWEN, District Judge.

Section 16(b) of the Securities Exchange Act of 1934 provides in relevant part:

For the purpose of preventing the unfair use of information which may have been obtained by such beneficial owner, director, or officer by reason of his relationship to the issuer, any profit realized by him from any purchase and sale, or any sale and purchase, of any equity security of such issuer ... within any period of less than six months ... shall inure to and be recoverable by the issuer. ..

15 U.S.C. § 78p(b). 1 Plaintiff Mark Fed-er, a shareholder of IVAX Corp. (a phar…

2Cases cited6 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Jose GOENAGA, Plaintiff-Appellant, v. MARCH OF DIMES BIRTH DEFECTS FOUNDATION, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1995
  3. Foremost-McKeeson, Inc. v. Provident Securities Co.Supreme Court of the United States · 1976
  4. Fed. Sec. L. Rep. P 90,280 Margaret Gwozdzinsky, Derivatively on Behalf of Revco D.S., Inc. v. Zell/chilmark Fund, L.P. And Revco D.S., Inc.Court of Appeals for the Second Circuit · 1998
  5. Mark Feder, Derivatively on Behalf of Ivax Corporation v. Philip Frost, Frost-Nevada, Limited PartnershipCourt of Appeals for the Second Circuit · 2000

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3Cited by1 opinion

  1. Mercer v. GuptaDistrict Court, S.D. New York · 2012

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