Legal Opinion

Securities & Exchange Commission v. Conaway

District Court, E.D. Michigan

Decided January 20, 2010No. Case No.: 2:05-CV-40263PublishedCited by 6 opinions

1Opinion of the Court

Memorandum Opinion on Defendant’s Motion Under Rules 50(b) and 59 for judgment as a matter of law or, in the ALTERNATIVE, FOR A NEW TRIAL.

STEVEN D. PEPE, United States Magistrate Judge.

“The whole financial system is based on trust and belief that what people say is their word. So, without that, the system decays. ” — Witness Eric Beder, equity analyst, (December 17, 2007, at TrDep00299.)

“If they ask a question, yes. And you determine that you’re not going to disclose the information to them, no, that’s not disclosing. That’s not lying. ” — Defendant Charles C. Conaway, former Kmart CEO,…

2Cases cited63 opinions

  1. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  2. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  3. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  4. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  5. TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976

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3Cited by6 opinions

  1. United States Securities & Exchange Commission v. BravataDistrict Court, E.D. Michigan · 2014
  2. U.S. Commodity Futures Trading Commission v. ArringtonDistrict Court, D. Nebraska · 2014
  3. Securities & Exchange Commission v. ConawayDistrict Court, E.D. Michigan · 2010
  4. Securities & Exchange Commission v. GoldstoneDistrict Court, D. New Mexico · 2016
  5. Holzmeyer v. Walgreen Income Protection Plan for Pharmacists & Registered NursesDistrict Court, S.D. Indiana · 2014

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