Legal Opinion
Securities & Exchange Commission v. Cuban
Court of Appeals for the Fifth Circuit
Decided September 21, 2010No. 09-10996PublishedCited by 12 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This case raises questions of the scope of liability under the misappropriation theory of insider trading. Taking a different view from our able district court brother of the allegations of the complaint, we are persuaded that the case should not have been dismissed under Fed.R.Civ.P. 9(b) and 12 and must proceed to discovery.
Mark Cuban is a well known entrepreneur and current owner of the Dallas Mavericks and Landmark theaters, among other businesses. The SEC brought this suit against Cuban alleging he violated Section 17(a) of the Securities Act of…
2Cases cited10 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
- Chiarella v. United StatesSupreme Court of the United States · 1980
- Gonzalez v. KayCourt of Appeals for the Fifth Circuit · 2009
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2011
- United States Ex Rel. Vavra v. Kellogg Brown & Root, Inc.Court of Appeals for the Fifth Circuit · 2013
- Securities & Exchange Commission v. CubanDistrict Court, N.D. Texas · 2011
- Enron Corp. Securities, Derivative & "Erisa" Litigation v. UBS PaineWebber, Inc.District Court, S.D. Texas · 2017
- United States v. Timothy McGeeCourt of Appeals for the Third Circuit · 2014
7 more not listed; retrieve them via the Exa API.