Legal Opinion
In Re Merrill Lynch Securities Litigation
District Court, D. New Jersey
Decided December 15, 1995No. Civ. 94-5343 (DRD)PublishedCited by 10 opinions
1Opinion of the Court
OPINION
DEBEVOISE, Senior District Judge.
This is a class action in which the complaint charges defendant brokerage firms with securities fraud in violation of Section 10 of the Securities Exchange Act of 1934 and Rule 10-b promulgated thereunder, as well as breach of fiduciary duty and unjust enrichment under state law. Defendants moved to dismiss the complaint for failure to state a claim upon which relief can be granted. At the direction of the court defendants’ motion was converted into a motion for summary judgment. Defendants were requested to supply by way of affidavit and supporting…
2Cases cited42 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Warth v. SeldinSupreme Court of the United States · 1975
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3Cited by10 opinions
- Newton v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 2001
- Jackson v. Mishkin (In Re Adler, Coleman Clearing Corp.)District Court, S.D. New York · 2001
- Fed. Sec. L. Rep. P 90,130 Kenneth E. Newton Mlpf & S Cust. Bruce Zakheim Ira Fbo Bruce Zakheim v. Merrill, Lynch, Pierce, Fenner & Smith, Inc. Painewebber Inc. Dean Witter Reynolds. Jeffrey Phillip Kravitz v. Dean Witter Reynolds, Inc. Mlpf & S Cust. Fpo-Bruce Zakheim Ira Fbo Bruce Zakheim, Jeffrey Phillip Kravitz, and Gloria BinderCourt of Appeals for the Third Circuit · 1998
- Geman v. Securities & Exchange CommissionCourt of Appeals for the Tenth Circuit · 2003
- Mishkin Ex Rel. Liquidation of the Business of Adler, Coleman Clearing Corp. v. Ensminger (In Re Adler, Coleman Clearing Corp.)United States Bankruptcy Court, S.D. New York · 1999
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