Legal Opinion

Credit Suisse Securities (Usa) LLC v. Simmonds

Supreme Court of the United States

Decided March 26, 2012No. 10-1261PublishedCited by 148 opinions

1Opinion of the CourtJustice Scalia

We consider whether the 2-year period to file suit against a corporate insider under § 16(b) of the Securities Exchange Act of 1934, 15 U. S. C. § 78p(b), begins to run only upon the insider’s filing of the disclosure statement required by § 16(a) of the Act, § 78p(a).

I

Under § 16(b) of the Exchange Act, 48 Stat. 896, as amended, a corporation or security holder of that corporation may bring suit against the officers, directors, and certain beneficial owners 1 of the corporation who realize any profits from the purchase and sale, or sale and purchase, of the corporation’s securities within any…

2Cases cited15 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
  3. Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
  4. Bailey v. GloverSupreme Court of the United States · 1875
  5. John R. Sand & Gravel Co. v. United StatesSupreme Court of the United States · 2008

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3Cited by148 opinions

  1. Rotkiske v. KlemmSupreme Court of the United States · 2019
  2. ASARCO, LLC v. Union Pacific RailroadCourt of Appeals for the Ninth Circuit · 2014
  3. Kwai Wong v. David BeebeCourt of Appeals for the Ninth Circuit · 2013
  4. Gibbons v. MaloneCourt of Appeals for the Second Circuit · 2013
  5. Police & Fire Retirement System v. IndyMac MBS, Inc.Court of Appeals for the Second Circuit · 2013

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