Legal Opinion
Lewis v. Wells
District Court, S.D. New York
Decided March 27, 1971No. 69 Civ. 4968PublishedCited by 11 opinions
1Opinion of the Court
OPINION
EDWARD WEINFELD, District Judge.
Plaintiff’s motion for summary judgment in this action to recover short-swing profits under section 16(b) of the Securities Exchange Act of 1934 1 triggered a cross-motion by the defendants for summary judgment dismissing the complaint upon the merits or striking it as sham and false under Rule 11 of the Federal Rules of Civil Procedure.
We first consider the defendants’ motion under Rule 11, which is based upon an omission in the complaint signed by Morris J. Levy, plaintiff’s attorney, of any allegation that prior to commencement of this action the…
2Cases cited15 opinions
- Blau v. LehmanSupreme Court of the United States · 1962
- Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
- Gratz v. ClaughtonCourt of Appeals for the Second Circuit · 1951
- Park & Tilford, Inc. v. SchulteCourt of Appeals for the Second Circuit · 1947
- Margot Newmark v. Rko General, Inc., and Frontier Airlines, Inc.Court of Appeals for the Second Circuit · 1970
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
- Whittaker v. Whittaker Corp.Court of Appeals for the Ninth Circuit · 1981
- Gold v. SloanCourt of Appeals for the Fourth Circuit · 1973
- Schur v. SalzmanDistrict Court, S.D. New York · 1973
- Securities & Exchange Commission v. Golconda Mining Co.District Court, S.D. New York · 1971
6 more not listed; retrieve them via the Exa API.