Legal Opinion
Mendell ex rel. Viacom Inc. v. Gollust
Court of Appeals for the Second Circuit
Decided July 25, 1990No. Nos. 468, 562, Dockets 89-7068, 89-7686PublishedCited by 76 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
This appeal deals with a suit brought to recover short-swing profits against insiders which was dismissed in the district court. It is clear from Supreme Court precedent that liability for short-swing trading will not arise unless the securities transactions at issue fall within the literal language of the statute that prohibits over-reaching by insiders. Here plaintiffs standing to bring suit against insiders, rather than such individuals’ liability, is the question presented. In resolving this issue the words of the statute must still be carefully examined, but…
2Cases cited24 opinions
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
- Blau v. LehmanSupreme Court of the United States · 1962
19 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Gollust v. MendellSupreme Court of the United States · 1991
- Craig Outdoor Advertising, Inc. v. Viacom Outdoor, Inc.Court of Appeals for the Eighth Circuit · 2008
- Klein ex rel. Qlik Techs., Inc. v. Qlik Techs., Inc.Court of Appeals for the Second Circuit · 2018
- Velez v. VassalloDistrict Court, S.D. New York · 2002
- Williams v. New York City Department of CorrectionsDistrict Court, S.D. New York · 2003
71 more not listed; retrieve them via the Exa API.