Legal Opinion
Access Cardiosystems, Inc. v. Fincke (In Re Access Cardiosystems, Inc.)
United States Bankruptcy Court, D. Massachusetts
Decided October 14, 2011No. 19-10876PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
HENRY J. BOROFF, Bankruptcy Judge.
The matter at hand requires this Court to visit, once again, the protracted contest between Access Cardiosystems, Inc. (“Access”), together with certain of Access’s individual investors (the “Investors”), and Access’s founder and former shareholder, officer, and director, Randall Fincke. Through their complaint, as amended (the “Complaint”), Access and the Investors sought damages for, inter alia, Fincke’s alleged violation of Massachusetts securities law and breaches of his fiduciary duty owed to the Investors and to Access. The Court…
2Cases cited15 opinions
- Superintendent of Insurance of New York v. Bankers Life & Casualty Co.Supreme Court of the United States · 1971
- Merrill Lynch, Pierce, Fenner & Smith Inc. v. DabitSupreme Court of the United States · 2006
- Securities & Exchange Commission v. ZandfordSupreme Court of the United States · 2002
- Fed. Sec. L. Rep. P 94,405 Joe L. Smallwood v. Pearl Brewing Company, Southdown, Inc., Zapata Norness, Inc., Albert J. Rangeand D. Doyle MizeCourt of Appeals for the Fifth Circuit · 1974
- Marram v. Kobrick Offshore Fund, Ltd.Massachusetts Supreme Judicial Court · 2004
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3Cited by4 opinions
- Fincke v. Access Cardiosystems, Inc. (Access Cardiosystems, Inc.)District Court, D. Massachusetts · 2012
- Miller Investment Trust v. Morgan Stanley & Co. Inc.District Court, D. Massachusetts · 2012
- Fincke v. Access Cardiosystems, Inc.Court of Appeals for the First Circuit · 2015
- Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2015