Legal Opinion
Fed. Sec. L. Rep. P 97,901 Louis Osofsky v. George C. Zipf, Rose Udoff v. Babcock & Wilcox Company
Court of Appeals for the Second Circuit
Decided March 19, 1981No. 470, 471, Dockets 80-7643, 80-7653PublishedCited by 60 opinions
1Opinion of the Court
OAKES, Circuit Judge:
This appeal presents the single narrow question whether shareholders who cede control of their company as a result of alleged misrepresentations concerning the value of the consideration they would obtain in a merger after successful completion of a tender offer have stated a claim for damages under the Securities Exchange Act of 1934 (1934 Act). This question turns on whether the term “actual damages,” as used in section 28(a) of the 1934 Act, 15 U.S.C. § 78bb(a), encompasses nonspecula-tive, compensatory damages as measured not only by out-of-pocket loss but also by the…
2Cases cited21 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
16 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Federal Aviation Administration v. CooperSupreme Court of the United States · 2012
- Ilya Boguslavsky v. Martin H. Kaplan and Gusrae, Kaplan & Bruno, Paul T. RussoCourt of Appeals for the Second Circuit · 1998
- Gurary v. WinehouseCourt of Appeals for the Second Circuit · 1999
- Plaine v. McCabeCourt of Appeals for the Ninth Circuit · 1986
- Fed. Sec. L. Rep. P 93,906 Herbert J. Rowe, Cross-Appellants v. Maremont Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1988
55 more not listed; retrieve them via the Exa API.