Legal Opinion
Securities & Exchange Commission v. Cuban
District Court, N.D. Texas
Decided July 18, 2011No. Civil Action 3:08-CV-2050-DPublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SIDNEY A. FITZWATER, Chief Judge.
The principal questions presented by plaintiffs motion to strike are whether the affirmative defense of unclean hands is available as a matter of law when the Securities and Exchange Commission (“SEC”) brings an enforcement action and, if it is, whether defendant Mark Cuban (“Cuban”) has adequately pleaded unclean hands. The court concludes that this affirmative defense is not barred as a matter of law. But to the extent it is available, it is only in strictly limited circumstances when the SEC’s misconduct is egregious, the…
2Cases cited24 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
- Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1982
- Virginia Woodfield, Nationwide Mutual Insurance Co., Plaintiff-Third Party v. Charlie Bowman, Planet Insurance Co., Defendant-Third PartyCourt of Appeals for the Third Circuit · 1999
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3Cited by19 opinions
- U.S. Commodity Futures Trading Commission v. Kraft Foods Group, Inc.District Court, N.D. Illinois · 2016
- United States v. Citizens Medical CenterDistrict Court, S.D. Texas · 2014
- Boothe v. Equifax Information Services LLCDistrict Court, N.D. Texas · 2021
- Bridgestone Americas Tire Operations, LLC v. Speedways Tyres LimitedDistrict Court, N.D. Texas · 2023
- Bridgestone Americas Tire Operations, LLC v. Speedways Tyres LimitedDistrict Court, N.D. Texas · 2023
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