Legal Opinion

Orgone Capital III, LLC v. Keith Daubenspeck

Court of Appeals for the Seventh Circuit

Decided January 7, 2019No. 18-1815PublishedCited by 133 opinions

1Opinion of the Court

Brennan, Circuit Judge.

Hype and reality can be at odds. This contrast arises often in postmortems on once-fashionable, now-failed investment securities. Hype can raise investors' hopes and, in turn, capital contributions. But when hype accelerates an investment's market value beyond its actual worth, a financial bubble is formed.

Fisker Automotive, Inc. was such a bubble, bursting in 2013. Plaintiffs, all purchasers of Fisker securities between 2009 and 2012, assert various claims against defendants, each of whom played roles in Fisker's early-stage financing, for allegedly misleading…

2Cases cited15 opinions

  1. Brooks v. RossCourt of Appeals for the Seventh Circuit · 2009
  2. General Electric Capital Corporation v. Lease Resolution CorporationCourt of Appeals for the Seventh Circuit · 1997
  3. Independent Trust Corp. v. Stewart Information Services Corp.Court of Appeals for the Seventh Circuit · 2012
  4. Ferens v. John Deere Co.Supreme Court of the United States · 1990
  5. Aaron McCoy v. Iberdrola Renewables, Inc.Court of Appeals for the Seventh Circuit · 2014

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3Cited by133 opinions

  1. J. B. v. Tiffany WoodardCourt of Appeals for the Seventh Circuit · 2021
  2. Joseph Denan v. TransUnion LLCCourt of Appeals for the Seventh Circuit · 2020
  3. Pomerantz v. Intern. Hotel Company, LLCDistrict Court, E.D. Illinois · 2019
  4. Goldstein v. Zilberbrand (In re Zilberbrand)United States Bankruptcy Court, N.D. Illinois · 2019
  5. Inst. for the Int'l Educ. of Students v. Qian ChenDistrict Court, S.D. Indiana · 2019

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