Legal Opinion
Fed. Sec. L. Rep. P 91,844 Cavalier Carpets, Inc., Etc. v. Arnold L. Caylor
Court of Appeals for the Eleventh Circuit
Decided November 13, 1984No. 82-8627PublishedCited by 54 opinions
1Opinion of the Court
JONES, Senior Circuit Judge:
Plaintiffs appeal from jury verdicts in favor of the defendants in this Rule 10b-5 securities fraud 1 case. They seek a new trial, contending two of the district court’s instructions to the jury concerning the requisite elements of a Rule 10b-5 claim were in error. We find that the district court’s instruction assigning to the plaintiffs the burden of proving plaintiffs’ reliance in this mixed misrepresentation and omission case was correct. Additionally, though an intervening change in the law made the district court’s scienter instruction erroneous, the…
2Cases cited26 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
- Chiarella v. United StatesSupreme Court of the United States · 1980
- Huddleston v. Herman & MacLeanCourt of Appeals for the Fifth Circuit · 1981
21 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Kirkpatrick v. J.C. Bradford & Co.Court of Appeals for the Eleventh Circuit · 1987
- Mirkin v. WassermanCalifornia Supreme Court · 1993
- In Re Interbank Funding Corp. SEC. LitigationCourt of Appeals for the D.C. Circuit · 2010
- Jennifer Wood Carol Wood W.B. Wood v. The President and Trustees of Spring Hill College in the City of MobileCourt of Appeals for the Eleventh Circuit · 1992
- Ron Grubb v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1989
49 more not listed; retrieve them via the Exa API.