Legal Opinion
Faulkner v. Beer
Court of Appeals for the Second Circuit
Decided September 8, 2006No. Docket No. 05-1568-CVPublishedCited by 158 opinions
1Opinion of the Court
WINTER, Circuit Judge.
This is an appeal from Judge Daniels’ dismissal of a complaint alleging securities fraud. Because the court considered materials outside the complaint that involved disputed issues of material fact, we vacate and remand.
BACKGROUND
We view the facts alleged in the complaint in the light most favorable to appellants. See Twombly v. Bell Atl. Corp., 425 F.3d 99, 106 (2d Cir.2005), cert. granted on other grounds, — U.S. —, 126 S.Ct. 2965, — L.Ed.2d — (2006).
The appellants are DeLois Faulkner, as trustee of the DeLois J. Faulkner Trust and the Stanley J. Boydston Trust,…
2Cases cited9 opinions
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- International Audiotext Network, Inc. v. American Telephone and Telegraph CompanyCourt of Appeals for the Second Circuit · 1995
- Novak v. KasaksCourt of Appeals for the Second Circuit · 2000
- San Leandro Emergency Medical Group Profit Sharing Plan v. Philip Morris Companies, Inc.Court of Appeals for the Second Circuit · 1996
- Alternative Energy, Inc. v. St. Paul Fire & Marine InsuranceCourt of Appeals for the First Circuit · 2001
4 more not listed; retrieve them via the Exa API.
3Cited by158 opinions
- DeLuca v. AccessIT Group, Inc.District Court, S.D. New York · 2010
- Coto Settlement v. EisenbergCourt of Appeals for the Ninth Circuit · 2010
- Johnson v. Nextel Communications, Inc.Court of Appeals for the Second Circuit · 2011
- Faulkner v. BeerCourt of Appeals for the Second Circuit · 2006
- MacIas v. ZenkCourt of Appeals for the Second Circuit · 2007
153 more not listed; retrieve them via the Exa API.