Legal Opinion
Pereira v. Farace - concurrence
Court of Appeals for the Second Circuit
Decided June 30, 2005No. Docket 03-5053(L), 03-5055(CON)PublishedCited by 102 opinions
1Opinion of the Court
Judge JON 0. NEWMAN concurs in the majority opinion and in a separate opinion.
McLAUGHLIN, Circuit Judge:
Defendants Andrea Farace, Frederick Marcus, and Philip Smith (collectively, “defendants”) are former officers and directors of Trace International Holdings, Inc. (“Trace”), which is now in bankruptcy. Plaintiff John Pereira is the trustee (“Trustee” or “plaintiff’) acting on behalf of Trace; he was appointed by the bankruptcy court. Defendants now appeal from a judgment entered against them by Judge Robert Sweet in the United States District Court for the Southern District of New York.
In…
2Cases cited31 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
- Ross v. BernhardSupreme Court of the United States · 1969
26 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- Design Strategy, Inc. v. DavisCourt of Appeals for the Second Circuit · 2006
- In Re Walt Disney Co. Derivative LitigationCourt of Chancery of Delaware · 2005
- Design Strategy, Inc. v. DavisCourt of Appeals for the Second Circuit · 2006
- Bankruptcy Services, Inc. v. Ernst & Young (In Re CBI Holding Co.)Court of Appeals for the Second Circuit · 2008
- Coan v. KaufmanCourt of Appeals for the Second Circuit · 2006
97 more not listed; retrieve them via the Exa API.