Legal Opinion

De Vries v. Tower Semiconductor Ltd.

Court of Appeals for the Second Circuit

Decided June 1, 2006No. Docket No. 04-5295-cvPublishedCited by 1 opinion

1Opinion of the Court

WESLEY, Circuit Judge.

This case pits an old law against a “novel” argument.2 Gregory Schiller (“Schiller”) individually appeals the dismissal of a shareholder class action complaint filed against Tower Semiconductor Ltd. (“Tower”), its directors, and certain Tower investors. The complaint alleges that a Tower proxy statement issued by defendants was materially misleading and therefore violated §§ 14(a) and 20(a) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. §§ 78n(a), 78t, and certain regulations, including Rule 14a-9, 17 C.F.R. § 240.14a-9 (2004) (“Rule 14a-9”). The…

2Cases cited38 opinions

  1. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. Morton v. MancariSupreme Court of the United States · 1974
  4. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  5. Day v. McDonoughSupreme Court of the United States · 2006

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3Cited by1 opinion

  1. De Vries v. Tower Semiconductor Ltd.Court of Appeals for the Second Circuit · 2006

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