Legal Opinion
McMahan & Co. v. Wherehouse Entertainment, Inc.
Court of Appeals for the Second Circuit
Decided September 13, 1995No. 1707, Docket 95-7008PublishedCited by 25 opinions
1Opinion of the Court
MINER, Circuit Judge:
Defendants-appellants appeal from an order entered on August 12,1994 in the United States District Court for the Southern District of New York (Lowe, J.) denying, in part, defendants’ motion for summary judgment, the court having determined, inter alia, that benefit-of-the-bargain damages are available to plaintiffs under section 11 of the Securities Act of 1933 (the “1933 Act”) and under section 10 of the Securities Exchange Act of 1934 (the “1934 Act”), and that the no-action clause in the underlying indenture did not bar plaintiffs’ federal securities law claims. The…
2Cases cited23 opinions
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- Landreth Timber Co. v. LandrethSupreme Court of the United States · 1985
- Cruden v. Bank of New YorkCourt of Appeals for the Second Circuit · 1992
- Kevin Richardson v. Donald Selsky, Clement Capuano, William Fenton, Bernard LonczakCourt of Appeals for the Second Circuit · 1993
- Florence K. Levine, as of the Last Will and Testament of Irving Levine, Deceased v. Seilon, Inc.Court of Appeals for the Second Circuit · 1971
18 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- William ALPERN and Russell D. Miller, on Behalf of Themselves and All Others Similarly Situated, Appellants, v. UTILICORP UNITED, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1996
- Gurary v. WinehouseCourt of Appeals for the Second Circuit · 1999
- NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co.Court of Appeals for the Second Circuit · 2012
- Mordechai Gurary v. Isaac Winehouse and Isaac Winehouse, Doing Business as Wall & Broad Equities, Nu-Tech Bio-Med, Inc.Court of Appeals for the Second Circuit · 2000
- Quadrant Structured Products Co. v. VertinNew York Court of Appeals · 2014
20 more not listed; retrieve them via the Exa API.