Legal Opinion
APA Excelsior III L.P. v. Premiere Technologies, Inc.
Court of Appeals for the Eleventh Circuit
Decided February 2, 2007No. 05-15936PublishedCited by 34 opinions
1Opinion of the Court
VINSON, District Judge:
The lawsuit underlying this appeal was filed in 1998. It arose from a stock-for-stock merger and acquisition between Xpedite Systems, Inc., and Premiere Technologies, Inc. The case is before us for a second time. As will be discussed in Part I infra, the claims and issues have been winnowed over the years and we are now faced with what is tantamount to a single question: Are sophisticated investors involved in an arms-length merger transaction entitled to recover under Section 11 of the Securities Act of 1933 if they make a legally binding investment commitment months…
2Cases cited30 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Chapman v. Houston Welfare Rights OrganizationSupreme Court of the United States · 1979
- Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
25 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In Re Refco, Inc. Securities LitigationDistrict Court, S.D. New York · 2007
- Holland v. GeeCourt of Appeals for the Eleventh Circuit · 2012
- Christopher Taft Landers v. WardenCourt of Appeals for the Eleventh Circuit · 2015
- In Re Countrywide Financial Corporation Securities LitigationDistrict Court, C.D. California · 2008
- Genesee County Employees' Retirement System v. Thornburg Mortgage Securities TrustDistrict Court, D. New Mexico · 2011
29 more not listed; retrieve them via the Exa API.