Robert L. Brown, and All Those Similarly Situated v. The Enstar Group, Inc., Richard J. Grassgreen, Perry Mendel
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
TJOFLAT, Chief Judge:
This appeal presents the issue of what must be proven to establish “controlling person” liability under section 20(a) of the Securities Exchange Act of 1934 (the “Act”), ch. 404, 48 Stat. 881, 899, 15 U.S.C. § 78t(a) (1994). We adopt the district court’s test, and affirm its grant of summary judgment in favor of appellee.
I
In the late 1960s, appellee Perry Mendel founded what became Kinder-Care, Inc. (“KCI”), a publicly held corporation. He served as president of the child-care company until 1985, when he became chairman of the board of directors. In 1987, KCI established…
2Cases cited13 opinions
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- Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
- Metge v. BaehlerCourt of Appeals for the Eighth Circuit · 1985
- Fed. Sec. L. Rep. P 97,567 Edmond G. Pharo v. W. L. SmithCourt of Appeals for the Fifth Circuit · 1980
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