Legal Opinion
Securities & Exchange Commission v. McGee
District Court, E.D. Pennsylvania
Decided September 13, 2012No. Civil Action No. 12-1296PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
SAVAGE, District Judge.
In this securities fraud action brought by the Securities and Exchange Commission (“SEC”) based upon a misappropriation theory of liability under § 10(b) of the Securities Exchange Act of 19341 and SEC Rule 10b-5,2 defendants Timothy McGee, Michael Zirinsky and Robert Zirinsky have moved to dismiss the complaint. They contend that the complaint does not sufficiently allege the existence of a relationship of trust and confidence, an essential element of an insider trading cause of action under the misappropriation theory. As he did in his motion to…
2Cases cited60 opinions
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- Erickson v. PardusSupreme Court of the United States · 2007
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
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3Cited by9 opinions
- Fed. Trade Comm'n v. Abbvie Inc.District Court, E.D. Pennsylvania · 2018
- Securities & Exchange Commission v. CarrollDistrict Court, W.D. Kentucky · 2014
- United States Securities & Exchange Commission v. All Know Holdings, Ltd.District Court, N.D. Illinois · 2013
- United States v. McGeeDistrict Court, E.D. Pennsylvania · 2013
- Emerson v. Capital One, NADistrict Court, E.D. Missouri · 2021
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