Legal Opinion
Obasi Investment Ltd v. Tibet Pharmaceuticals Inc
Court of Appeals for the Third Circuit
Decided July 23, 2019No. 18-1849PublishedCited by 12 opinions
1Opinion of the Court
HARDIMAN, Circuit Judge.
This case comes to the Court as a certified interlocutory appeal. The sole question presented is whether, under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k, a nonvoting board observer affiliated with an issuer's placement agent is a "person who, with his consent, is named in the registration statement as being or about to become a director[ ] [or] person performing similar functions ...." Id. § 77k(a)(3).
We think not. As required by the text of § 77k(a)(3), our inquiry begins and ends with the registration statement's description of the Defendants. We…
2Cases cited35 opinions
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- American Express Co. v. Italian Colors RestaurantSupreme Court of the United States · 2013
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3Cited by12 opinions
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- HAMMOND v. KENVUE INC.District Court, D. New Jersey · 2025
- IN RE GIGACLOUD TECHNOLOGY INC SECURITIES LITIGATIONDistrict Court, S.D. New York · 2025
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