Legal Opinion
Neubauer v. Eva-Health USA, Inc.
District Court, S.D. New York
Decided November 3, 1994No. 94 Civ. 6050 (LAK)PublishedCited by 13 opinions
1Opinion of the Court
OPINION
KAPLAN, District Judge.
This is a motion to dismiss a securities law complaint on the ground that it fails to allege fraud with particularity as required by Fed.R.Civ.P. 9(b).
The Complaint
Count I of the seven count complaint alleges that plaintiffs in 1993 purchased warrants to acquire equity interests in defendant Eva-Health USA, Inc. (“Eva-Health”), a company said to have been in the biomedical device business, in reliance upon a written offering memorandum. (Cpt ¶¶ 28-29, 31, 34) The offering memorandum allegedly described defendant Calman H. Rifkin, Eva-Health’s chairman and chief…
2Cases cited18 opinions
- Kramer v. Time Warner IncCourt of Appeals for the Second Circuit · 1991
- Sheldon Barr v. Robert Abrams, Orestes J. Mihaly, Mark A. Tepper, Rebecca Mullane, William Bottiglieri, and Janey Renee O'COnnOrCourt of Appeals for the Second Circuit · 1987
- Susan R. Wexner v. First Manhattan Co., John R. Loomis and Joseph Stein, Jr., Individually and as Co-Partners of First Manhattan CompanyCourt of Appeals for the First Circuit · 1990
- Luce v. EdelsteinCourt of Appeals for the Second Circuit · 1986
- Shapiro v. UJB Financial Corp.Court of Appeals for the Third Circuit · 1992
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re Parmalat Securities LitigationDistrict Court, S.D. New York · 2005
- In Re BISYS Securities LitigationDistrict Court, S.D. New York · 2005
- In Re Parmalat Securities LitigationDistrict Court, S.D. New York · 2005
- In Re Parmalat Securities LitigationDistrict Court, S.D. New York · 2006
- In Re NTL, Inc. Securities LitigationDistrict Court, S.D. New York · 2004
8 more not listed; retrieve them via the Exa API.