Legal Opinion

Arnold Pross v. Curtis Katz, Roxann Management, Corp., and Jadam Equities, Ltd.

Court of Appeals for the Second Circuit

Decided February 28, 1986No. 1296, Docket 85-7204PublishedCited by 104 opinions

1Opinion of the Court

WINTER, Circuit Judge:

This case involves claims of fraud in the handling of plaintiffs investments. Judge Wexler dismissed the complaint in the instant case for failing to state a claim for relief under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (1982), under SEC Rule 10b-5, 17 C.F.R. § 240.10b-5 (1985), or under Section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a) (1982). He viewed Pross’ complaint as merely alleging that Katz and other defendants broke a promise to perform future acts and held that such a failure to perform did not violate Section…

2Cases cited7 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977
  3. A. T. Brod & Co. v. Jack Perlow and Adele Perlow, Also Known as Adele WagnerCourt of Appeals for the Second Circuit · 1967
  4. Chemical Bank v. Arthur Andersen & Co.Court of Appeals for the Second Circuit · 1984
  5. Yoder v. Orthomolecular Nutrition Institute, Inc.Court of Appeals for the Second Circuit · 1985

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

3Cited by104 opinions

  1. The Dartmouth Review, on Behalf of Its Officers, Staff and Subscribers v. Dartmouth CollegeCourt of Appeals for the First Circuit · 1989
  2. Luce v. EdelsteinCourt of Appeals for the Second Circuit · 1986
  3. Luce v. EdelsteinCourt of Appeals for the Second Circuit · 1986
  4. Ouaknine v. MacFarlaneCourt of Appeals for the Second Circuit · 1990
  5. Fed. Sec. L. Rep. P 96,288 William S. Flickinger v. Harold C. Brown & Co., Inc. And Bradford Broker Settlement, Inc., N/k/a Fidata CorporationCourt of Appeals for the Second Circuit · 1991

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API