Legal Opinion
NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co.
Court of Appeals for the Second Circuit
Decided September 6, 2012No. Docket 11-2762-cvPublishedCited by 181 opinions
1Opinion of the Court
BARRINGTON D. PARKER, Circuit Judge:
Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 impose essentially strict liability for material misstatements contained in registered securities offerings. See 15 U.S.C. §§ 77k, l(a)(2), o. This appeal requires us to consider a plaintiffs standing to assert claims on behalf of purchasers of securities issued under the same allegedly false and misleading SEC Form S-3 and base prospectus (together, the “Shelf Registration Statement”), but sold in separate offerings by unique prospectus supplements and free writing prospectuses (together, the…
2Cases cited29 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Lewis v. CaseySupreme Court of the United States · 1996
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
24 more not listed; retrieve them via the Exa API.
3Cited by181 opinions
- Young v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2013
- New Jersey Carpenters Health Fund v. Royal Bank of Scotland Group, PLCCourt of Appeals for the Second Circuit · 2013
- Petzschke v. Century Aluminum Co.Court of Appeals for the Ninth Circuit · 2013
- Langan v. Johnson & Johnson Consumer Cos.Court of Appeals for the Second Circuit · 2018
- Police & Fire Retirement System v. IndyMac MBS, Inc.Court of Appeals for the Second Circuit · 2013
176 more not listed; retrieve them via the Exa API.