Legal Opinion

Lapidus v. Hecht

Court of Appeals for the Ninth Circuit

Decided November 13, 2000No. 99-15835PublishedCited by 57 opinions

1Opinion of the Court

DAVID R. THOMPSON, Circuit Judge:

Cary and Denise Lapidus, trustees of the Cary and Denise Lapidus Living Trust, appeal the district court’s dismissal of their class action against the Robertson, Stephens Investment Trust1 alleging violations of the Investment Company Act, 15 U.S.C. §§ 80a-13(a)(2), 13(a)(3), and 18(f), in connection with the trust’s management of a mutual fund. The plaintiffs seek to recover losses sustained by the mutual fund as a result of short sales made without shareholder approval, allegedly in violation of the registration statement filed with the Securities and…

2Cases cited14 opinions

  1. Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
  2. Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of MontanaCourt of Appeals for the Ninth Circuit · 1994
  3. Burks v. LaskerSupreme Court of the United States · 1979
  4. Kramer v. Western Pacific Industries, Inc.Supreme Court of Delaware · 1988
  5. Fed. Sec. L. Rep. P 96,263 Frank S. Yamamoto, Individually And, Derivatively, on Behalf of Investors Finance, Inc. v. Kazuo OmiyaCourt of Appeals for the Ninth Circuit · 1977

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3Cited by57 opinions

  1. In Re Eaton Vance Mutual Funds Fee LitigationDistrict Court, S.D. New York · 2005
  2. Northstar Financial Advisors Inc. v. Schwab InvestmentsCourt of Appeals for the Ninth Circuit · 2015
  3. Price v. City of StocktonCourt of Appeals for the Ninth Circuit · 2004
  4. Ball v. RodgersCourt of Appeals for the Ninth Circuit · 2007
  5. Price v. City Of StocktonCourt of Appeals for the Ninth Circuit · 2004

52 more not listed; retrieve them via the Exa API.

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