Legal Opinion
United States Securities & Exchange Commission v. Power
District Court, S.D. New York
Decided November 29, 2007No. 06 Civ. 15343PublishedCited by 30 opinions
1Opinion of the Court
OPINION
ROBERT W. SWEET, District Judge.
Defendant Richard D. Power (“Power” or the “Defendant”) has moved under Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint filed against him by the Securities and Exchange Commission (“SEC”). For the reasons set forth below, the motion is denied.
Facts
The SEC filed its complaint on December 21, 2006, alleging five causes of action against Power, a former officer of Tyco International Ltd. (“Tyco”): 1) violation of Securities Act of 1933 (“Securities Act”) § 17a, 15 U.S.C. § 77q(a) (fraud in the offer or sale of securities); 2) violation of Exchange Act…
2Cases cited37 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Papasan v. AllainSupreme Court of the United States · 1986
- Holmberg v. ArmbrechtSupreme Court of the United States · 1946
- Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
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3Cited by30 opinions
- Securities & Exchange Commission v. WolfsonCourt of Appeals for the Tenth Circuit · 2008
- Securities & Exchange Commission v. TamboneCourt of Appeals for the First Circuit · 2008
- Securities & Exchange Commission v. KellyDistrict Court, S.D. New York · 2011
- Hinds County, Miss. v. Wachovia Bank, NADistrict Court, S.D. New York · 2009
- United States Securities & Exchange Commission v. WeyDistrict Court, S.D. New York · 2017
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