Legal Opinion
Mark Levy, Derivatively on Behalf of Immunogen Inc. v. Southbrook International Investments, Ltd. And Immunogen, Inc., Nominal-Defendant-Appellee
Court of Appeals for the Second Circuit
Decided August 23, 2001No. 00-7630PublishedCited by 136 opinions
1Opinion of the Court
PARKER, Circuit Judge:
Plaintiff-appellant, Mark Levy (“Levy”), is a shareholder of ImmunoGen, Inc (“Im-munoGen”). He brings this shareholder derivative action alleging that defendant, Southbrook International Investment, Ltd. (“Southbrook”), by virtue of its ownership of ImmunoGen convertible preferred shares, is a more than 10% beneficial owner of ImmunoGen common stock and realized short swing profits through the purchase and sale of ImmunoGen stock within a six month period. Plaintiff-appellant seeks disgorgement of Southbrook’s profits as required by Section 16(b) of the Securities and…
2Cases cited14 opinions
- Brian Sheppard v. Leon Beerman, as an Individual and in His Official Capacity as Justice of the Supreme Court of the State of New YorkCourt of Appeals for the Second Circuit · 1994
- Cooper v. ParskyCourt of Appeals for the Second Circuit · 1998
- Foremost-McKeeson, Inc. v. Provident Securities Co.Supreme Court of the United States · 1976
- Fed. Sec. L. Rep. P 92,683 John Bershad v. Bernard P. McDonoughCourt of Appeals for the Seventh Circuit · 1970
- Fed. Sec. L. Rep. P 90,280 Margaret Gwozdzinsky, Derivatively on Behalf of Revco D.S., Inc. v. Zell/chilmark Fund, L.P. And Revco D.S., Inc.Court of Appeals for the Second Circuit · 1998
9 more not listed; retrieve them via the Exa API.
3Cited by136 opinions
- In Re Morgan Stanley Information Fund SecuritiesCourt of Appeals for the Second Circuit · 2010
- Decker v. Advantage Fund Ltd.Court of Appeals for the Ninth Circuit · 2004
- In Re Parmalat Securities LitigationDistrict Court, S.D. New York · 2005
- DeMaria v. AndersenCourt of Appeals for the Second Circuit · 2003
- In Re Bear Stearns Companies, Inc. Securities, Derivative, & Erisa LitigationDistrict Court, S.D. New York · 2011
131 more not listed; retrieve them via the Exa API.