Legal Opinion
Mark Feder, Derivatively on Behalf of Ivax Corporation v. Philip Frost, Frost-Nevada, Limited Partnership
Court of Appeals for the Second Circuit
Decided August 7, 2000No. 1999PublishedCited by 42 opinions
1Opinion of the Court
WINTER, Chief Judge:
Mark Feder appeals from Judge Owen’s dismissal of his complaint, which alleged a violation of Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b). Feder is a shareholder of IVAX Corporation and brought the suit derivatively on its behalf. His complaint alleged that ap-pellee Philip Frost is a statutory insider of IVAX and that Frost and FrosL-Nevada Limited Partnership (“FNLP”), a firm controlled by Frost, are controlling shareholders of North American Vaccine, Inc. (“NAVI”). He claims that Frost/FNLP must disgorge short-swing profits under Section…
2Cases cited11 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Harris v. City of New YorkCourt of Appeals for the Second Circuit · 1999
- Blau v. LehmanSupreme Court of the United States · 1962
- Reliance Electric Co. v. Emerson Electric Co.Supreme Court of the United States · 1972
- Foremost-McKeeson, Inc. v. Provident Securities Co.Supreme Court of the United States · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Richard Morales v. Quintel Entertainment, Inc. And Peter StolzCourt of Appeals for the Second Circuit · 2001
- Mark Levy, Derivatively on Behalf of Immunogen Inc. v. Southbrook International Investments, Ltd. And Immunogen, Inc., Nominal-Defendant-AppelleeCourt of Appeals for the Second Circuit · 2001
- Aron Rosenberg v. Xm Ventures, a Maryland Trust and Motient Corporation, a Delaware CorporationCourt of Appeals for the Third Circuit · 2001
- Lowinger v. Morgan Stanley & Co.Court of Appeals for the Second Circuit · 2016
- Huppe v. WPCS International Inc.Court of Appeals for the Second Circuit · 2012
37 more not listed; retrieve them via the Exa API.