Legal Opinion
Securities & Exchange Commission v. Mutual Benefits Corp.
Court of Appeals for the Eleventh Circuit
Decided May 6, 2005No. 04-14850PublishedCited by 38 opinions
1Opinion of the Court
COX, Circuit Judge:
In this interlocutory‘appeal, Defendants, Mutual Benefits Corp. (“MBC”), et al., 1 appeal the decision of the district court denying their motion to dismiss for lack of subject matter jurisdiction. The "district Court denied the motion on the ground that investments in viatical settlement contracts are “investment contracts” within the meaning of the Securities Acts of 1933 and 1934. Sec. Exch. Comm’n v. Mutual Benefits Corp., 323 F.Supp.2d 1337 (S.D.Fla.2004). We affirm.
I. BACKGROUND AND PROCEDURAL HISTORY
The record reflects the following undisputed facts. MBC is a…
2Cases cited14 opinions
- John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Tcherepnin v. KnightSupreme Court of the United States · 1967
- Reves v. Ernst & YoungSupreme Court of the United States · 1990
- Securities & Exchange Commission v. EdwardsSupreme Court of the United States · 2004
9 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- McElmurray v. CONSOLIDATED GOV'T, AUGUSTA-RICHMOND COUNTYCourt of Appeals for the Eleventh Circuit · 2007
- Inspired Development Group v. Inspired Products Group, LLCCourt of Appeals for the Federal Circuit · 2019
- Life Partners, Inc. v. ArnoldTexas Supreme Court · 2015
- Acheron Capital, Ltd. v. Barry MukamalCourt of Appeals for the Eleventh Circuit · 2022
- Trinity Settlement Services, LLC v. Texas State Securities BoardCourt of Appeals of Texas · 2013
33 more not listed; retrieve them via the Exa API.