Legal Opinion

Tamer Salameh v. Tarsadia Hotel

Court of Appeals for the Ninth Circuit

Decided August 13, 2013No. 11-55479PublishedCited by 184 opinions

1Opinion of the Court

OPINION

GOULD, Circuit Judge:

A transaction that looks nothing like a sale of stock and involving such diverse items as citrus groves and vacation homes may qualify as a sale of a security under federal law. See SEC v. W.J. Howey Co., 328 U.S. 293, 66 S.Ct. 1100, 90 L.Ed. 1244 (1946); Hocking v. Dubois, 885 F.2d 1449 (9th Cir.1989) (en bane). Here, we must decide whether Plaintiffs-Appellants have alleged the sale of a security based on their purchase of condominiums in the Hard Rock Hotel San Diego. We hold that Plaintiffs have not adequately alleged facts showing that they were offered the…

2Cases cited25 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  3. Cafasso v. General Dynamics C4 Systems, Inc.Court of Appeals for the Ninth Circuit · 2011
  4. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  5. United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975

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3Cited by184 opinions

  1. Oregon Public Employees Retirement Fund v. Apollo Group Inc.Court of Appeals for the Ninth Circuit · 2014
  2. Cobbler Nevada, LLC v. Thomas GonzalesCourt of Appeals for the Ninth Circuit · 2018
  3. Reid v. Johnson & Johnson & McNeil Nutritionals, LLCCourt of Appeals for the Ninth Circuit · 2015
  4. The Depot, Inc. v. Caring for Montanans, Inc.Court of Appeals for the Ninth Circuit · 2019
  5. In re Carrier IQ, Inc.District Court, N.D. California · 2015

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