Legal Opinion

McKesson HBOC, Inc. v. New York State Common Retirement Fund, Inc.

Court of Appeals for the Ninth Circuit

Decided August 13, 2003No. Nos. 02-15301, 02-16272PublishedCited by 19 opinions

1Opinion of the Court

OPINION

McKEOWN, Circuit Judge.

This case involves a novel securities fraud claim brought under state law. Essentially, McKesson HBOC is suing its own shareholders for unjust enrichment arising from a merger between McKesson and HBO & Company (“HBOC”). McKes-son claims that, the former HBOC shareholders are the beneficiaries of a windfall triggered by alleged accounting improprieties by HBOC. The shareholders, according to McKesson, exchanged artificially inflated shares of HBOC for fully-valued McKesson shares in the merger transaction. McKesson now wants to recover the excess value from the…

2Cases cited17 opinions

  1. Lee v. City Of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
  2. E.I. DuPont de Nemours and Co. v. Rhone Poulenc Fiber and Resin Intermediates, S.A.S.Court of Appeals for the Third Circuit · 2001
  3. WALLACE EX REL. CENCOM v. WoodCourt of Chancery of Delaware · 1999
  4. Mobil Oil Corporation v. Linear Films, Inc.District Court, D. Delaware · 1989
  5. Jeffrey Mort Pamela Mort Fred Strefling Jeffrey Tobian v. United StatesCourt of Appeals for the Ninth Circuit · 1996

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

3Cited by19 opinions

  1. Kathleen Sonner v. Premier Nutrition Corp.Court of Appeals for the Ninth Circuit · 2020
  2. Northstar Financial Advisors Inc. v. Schwab InvestmentsCourt of Appeals for the Ninth Circuit · 2015
  3. In Re Lupron® Marketing & Sales Practices LitigationDistrict Court, D. Massachusetts · 2003
  4. Riscorp, Inc. v. NormanSupreme Court of Alabama · 2005
  5. Watkins v. OMNI LIFE SCIENCE, INC.District Court, D. Massachusetts · 2010

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

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