Legal Opinion

Absolute Activist Value Master Fund Ltd. v. Ficeto

Court of Appeals for the Second Circuit

Decided April 13, 2012No. Docket 11-0221-cvPublishedCited by 164 opinions

1Opinion of the Court

KATZMANN, Circuit Judge:

This case requires us to determine whether foreign funds’ purchases and sales of securities issued by U.S. companies brokered through a U.S. broker-dealer constitute “domestic transactions” pursuant to Morrison v. National Australia Bank Ltd,., - U.S. -, 130 S.Ct. 2869, 177 L.Ed.2d 535 (2010) (“Morrison”), which held that § 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) only applies to “transactions in securities listed on domestic exchanges! ] and domestic transactions in other securities.” Id. at 2884 (emphasis added).

Plaintiffs-appellants, nine…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Morrison v. National Australia Bank Ltd.Supreme Court of the United States · 2010
  3. Morrison v. National Australia Bank Ltd.Court of Appeals for the Second Circuit · 2008
  4. Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
  5. Port Dock & Stone Corp. v. Oldcastle Northeast, Inc.Court of Appeals for the Second Circuit · 2007

10 more not listed; retrieve them via the Exa API.

3Cited by164 opinions

  1. City of Pontiac Policemen's & Firemen's Retirement System v. UBS AGCourt of Appeals for the Second Circuit · 2014
  2. In re Vivendi, S.A. Secs. Litig.Court of Appeals for the Second Circuit · 2016
  3. Universities Superannuation Scheme Ltd. v. Petróleo Brasileiro S.A. PetrobrasCourt of Appeals for the Second Circuit · 2017
  4. Stratte-McClure v. StanleyCourt of Appeals for the Second Circuit · 2015
  5. Mastafa v. Chevron Corp.Court of Appeals for the Second Circuit · 2014

159 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API