Diamond v. Oreamuno
New York Court of Appeals
1Opinion of the Court
Chief Judge Fuld.
Upon this appeal from an order denying a motion to dismiss the complaint as insufficient on its. face, the question presented — one of first impression in this court — is whether officers and directors may be held accountable to their corporation for gains realized by them from transactions in the company’s stock as a result of their use of material inside information.
The complaint was filed by a shareholder of Management Assistance, Inc. (MAI) asserting a derivative action against a number of its officers and directors to compel an accounting for profits allegedly acquired…
2Cases cited9 opinions
- Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
- Wendt v. FischerNew York Court of Appeals · 1926
- Associated Industries of New York State, Inc. v. IckesCourt of Appeals for the Second Circuit · 1943
- Brophy v. Cities Service Co.Court of Chancery of Delaware · 1949
- Dutton v. . WillnerNew York Court of Appeals · 1873
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3Cited by158 opinions
- Lehman Brothers v. ScheinSupreme Court of the United States · 1974
- Carpenter v. United StatesSupreme Court of the United States · 1987
- Fed. Sec. L. Rep. P 98,755, Fed. Sec. L. Rep. P 99,074 William B. Weinberger v. James C. Kendrick, Charles M. CoyneCourt of Appeals for the Second Circuit · 1983
- Fed. Sec. L. Rep. P 93,959 Frank Lanza, Jr. v. Drexel & Co., Theodore J. Kircher and Christie F. VitoloCourt of Appeals for the Second Circuit · 1973
- United States v. Wallach, Rusty Kent London, Eugene Robert Wallach, A/K/A "E. Robert (Bob) Wallach," and Wayne Franklyn ChinnCourt of Appeals for the Second Circuit · 1991
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