Legal Opinion

O'MALLEY v. Boris

Supreme Court of Delaware

Decided December 8, 1999No. 59, 1999PublishedCited by 26 opinions

1Opinion of the Court

BERGER, Justice:

In this appeal we consider the adequacy of a brokerage firm’s disclosures to its clients. Appellants claim that they were injured when the broker switched their money market “sweep” account to a new fund without fully disclosing that the firm was benefitting from the transfer. The Court of Chancery dismissed the Amended Complaint, finding that the prospectus and notification letter “strongly implied” the nature of the broker’s interest, and holding that the disclosures were adequate as a matter of law. We disagree. The implications to be drawn from the disclosures are not…

2Cases cited7 opinions

  1. Capital Cities Cable, Inc. v. CrispSupreme Court of the United States · 1984
  2. Malone v. BrincatSupreme Court of Delaware · 1998
  3. Rosenblatt v. Getty Oil Co.Supreme Court of Delaware · 1985
  4. Schock v. NashSupreme Court of Delaware · 1999
  5. Guice v. Charles Schwab & Co.New York Court of Appeals · 1996

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3Cited by26 opinions

  1. Brehm v. EisnerSupreme Court of Delaware · 2000
  2. Patsos v. First Albany Corp.Massachusetts Supreme Judicial Court · 2001
  3. Wal-Mart Stores, Inc. v. AIG Life InsuranceSupreme Court of Delaware · 2006
  4. Wal-Mart Stores, Inc. v. AIG Life InsuranceCourt of Chancery of Delaware · 2005
  5. St. Malachy Roman Catholic Congregation of Geneseo, Illinois Steve Bristol Conni Bristol and Kewanee Area United Way v. Donna K. Ingram, as of the Estate of James Ingram, and Robert W. Baird & Co., Inc.Supreme Court of Iowa · 2013

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