Legal Opinion
Simon v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
Court of Appeals for the Fifth Circuit
Decided July 10, 1973No. 72-2905PublishedCited by 88 opinions
1Opinion of the Court
RONEY, Circuit Judge:
James Simon appeals from a judgment for defendant Merrill Lynch, Pierce, *882Fenner and Smith, Inc., in a suit for damages resulting from alleged common law fraud and negligence and for nondisclosure violations of the Securities Exchange Act of 1934. 15 U.S.C.A. §§ 78j and 78o(c)(l), 17 C.F.R. § 240.10b-5. After a complicated procedural history, the District Court denied plaintiff’s motions for joinder, intervention, and that the suit be maintained as a class action. At'trial, the Court, sitting without a jury, concluded that Simon had failed to establish a claim against…
2Cases cited16 opinions
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Green v. Wolf Corp.Court of Appeals for the Second Circuit · 1968
- Dolgow v. AndersonDistrict Court, E.D. New York · 1968
- William Harris v. Palm Springs Alpine Estates, Inc.Court of Appeals for the Ninth Circuit · 1964
11 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
- Leonard J. Klay v. Humana, Inc.Court of Appeals for the Eleventh Circuit · 2004
- Broussard v. Meineke Discount Muffler Shops, Inc.Court of Appeals for the Fourth Circuit · 1998
- McLaughlin v. American Tobacco Co.Court of Appeals for the Second Circuit · 2008
- In Re Alford Chevrolet-GeoTexas Supreme Court · 1999
83 more not listed; retrieve them via the Exa API.