Legal Opinion
Cohen v. Franchard Corp.
Court of Appeals for the Second Circuit
Decided April 11, 1973No. 359, Docket 72-1724PublishedCited by 54 opinions
1Opinion of the Court
TIMBERS, Circuit Judge:
This is a striking example of a case that never should have been claimed for jury trial, as plaintiffs’ counsel did. That, coupled with what appears to have been a lack of preparation in addition to visibly inept trial conduct on the part of plaintiffs’ counsel, is about all that distinguishes this from what otherwise would be an uncomplicated appeal.
We cannot emphasize too strongly our disapproval of the dubious judgment of counsel in claiming for jury trial a case involving such issues as “scienter” and “reliance” under the antifraud provisions of the federal…
2Cases cited26 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Securities and Exchange Commission v. Manor Nursing Centers, Inc.Court of Appeals for the Second Circuit · 1972
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
21 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- American Hoist & Derrick Company, Cross-Appellee v. Sowa & Sons, Inc., Cross-AppellantCourt of Appeals for the Federal Circuit · 1984
- Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen MurphyCourt of Appeals for the Ninth Circuit · 1980
- Lynne S. Taylor, and Keisha Johnson v. Virginia Union University, Keisha Johnson, and Lynne S. Taylor v. Virginia Union UniversityCourt of Appeals for the Fourth Circuit · 1999
- Gross v. Diversified Mortgage InvestorsDistrict Court, S.D. New York · 1977
- Hagelthorn v. Kennecott Corp.Court of Appeals for the Second Circuit · 1983
49 more not listed; retrieve them via the Exa API.