Legal Opinion
Fincke v. Access Cardiosystems, Inc.
Court of Appeals for the First Circuit
Decided January 13, 2015No. 14-1276PublishedCited by 2 opinions
1Opinion of the Court
LYNCH, Chief Judge.
This appeal concerns the construction and application of a section of the Massachusetts Uniform Securities Act, Mass. Gen. Laws ch. 110A, § 410(a)(2), both as to the materiality of a misrepresentation and as to when an offer or sale has been made “by means of’ such a misrepresentation. There is surprisingly little ease law interpreting the statute’s phrase “by means of.” We are mindful that this provision is to be “construed as to ... make uniform” state securities laws and “to coordinate the interpretation and administration of this chapter with the related federal…
2Cases cited9 opinions
- Securities & Exchange Commission v. ZandfordSupreme Court of the United States · 2002
- Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
- Marram v. Kobrick Offshore Fund, Ltd.Massachusetts Supreme Judicial Court · 2004
- Fed. Sec. L. Rep. P 97,372 Henry T. Sanders v. John Nuveen & Co., Inc., Investors Diversified Services, Inc. And Investors Syndicate of America, Inc.Court of Appeals for the Seventh Circuit · 1980
- Stuart A. JACKSON, Appellant, v. Jack OPPENHEIM, AppelleeCourt of Appeals for the Second Circuit · 1976
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3Cited by2 opinions
- Korngold v. DRB Systems, LLCDistrict Court, D. Massachusetts · 2023
- United Western Bank v. Banc of America Funding CorporationDistrict Court, D. Colorado · 2020