Legal Opinion

Kahn v. Wien

District Court, E.D. New York

Decided February 2, 1994No. CV 86-2416 (RJD)PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

DEARIE, District Judge.

Plaintiff, a record and beneficial holder of participation interests in a real estate joint venture, alleges that defendants’ letter soliciting consent to a modification of the net lease on a building owned by the joint venture contained material omissions and misrepresentations in violation of section 14(a) of the Securities Exchange Act of 1934 1 and Rule 14a-9 promulgated thereunder. 2 Plaintiff also claims that defendants, as agents and attorneys for the joint venture, breached their fiduciary duties under state law.

Defendants move for judgment…

2Cases cited35 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
  4. J. I. Case Co. v. BorakSupreme Court of the United States · 1964
  5. Virginia Bankshares, Inc. v. SandbergSupreme Court of the United States · 1991

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3Cited by13 opinions

  1. Elizabeth Werner v. Eric WernerCourt of Appeals for the Third Circuit · 2001
  2. Polar International Brokerage Corp. v. ReeveDistrict Court, S.D. New York · 2000
  3. Werner v. WernerCourt of Appeals for the Third Circuit · 2001
  4. Krauth v. Executive Telecard, Ltd.District Court, S.D. New York · 1995
  5. In Re Marsh & McLennan Companies, Securities LitigationDistrict Court, S.D. New York · 2007

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