Legal Opinion

Diamond v. Oreamuno

New York Court of Appeals

Decided May 15, 1969PublishedCited by 158 opinions

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

  1. Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
  2. Wendt v. FischerNew York Court of Appeals · 1926
  3. Associated Industries of New York State, Inc. v. IckesCourt of Appeals for the Second Circuit · 1943
  4. Brophy v. Cities Service Co.Court of Chancery of Delaware · 1949
  5. Dutton v. . WillnerNew York Court of Appeals · 1873

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3Cited by158 opinions

  1. Lehman Brothers v. ScheinSupreme Court of the United States · 1974
  2. Carpenter v. United StatesSupreme Court of the United States · 1987
  3. 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
  4. 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
  5. 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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