Legal Opinion
Andrew L. Smith v. Jack R. Ayres
Court of Appeals for the Fifth Circuit
Decided July 6, 1988No. 87-1388PublishedCited by 57 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Andrew Smith sued his brother Clayton and others alleging securities fraud and RICO violations arising out of a fight for control of a family business. The district court dismissed the securities-fraud claims, both those brought individually and those brought on behalf of the corporation. The court also dismissed the RICO claim for inadequate pleading and declined to grant leave to amend. We affirm the judgment on the individual securities claim, but reverse the dismissal of the derivative claim. We affirm the district court’s ruling on the RICO claim.
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2Cases cited27 opinions
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Fed. Sec. L. Rep. P 98,697 John P. Decker v. Massey-Ferguson, LimitedCourt of Appeals for the Second Circuit · 1982
22 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Jane Marie Egerdahl v. Hibbing Community College Minnesota Community College System State of Minnesota Myron Schmidt Anthony Kuznik and Jerry KrauseCourt of Appeals for the Eighth Circuit · 1995
- Abell v. Potomac Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
- Billy R. Whalen v. Prentiss H. Carter, Jr., Claude Sharkey v. The Bank of Greensburg, John Fussell v. The Bank of GreensburgCourt of Appeals for the Fifth Circuit · 1992
- Cofacredit, S.A. v. Windsor Plumbing Supply Co.Court of Appeals for the Second Circuit · 1999
- Regents of the University of California v. Credit Suisse First Boston (USA), Inc.Court of Appeals for the Fifth Circuit · 2007
52 more not listed; retrieve them via the Exa API.