Legal Opinion

Meisel v. North Jersey Trust Company of Ridgewood, NJ

District Court, S.D. New York

Decided April 10, 1963PublishedCited by 20 opinions

1Opinion of the Court

WYATT, District Judge.

This motion is by defendant Merrill Lynch, Pierce, Fenner & Smith, Incorporated, under Fed.R.Civ.P. 12(f), to strike certain parts of the amended complaint as “immaterial”.

The action is against several defendants, the complaint alleging as against the movant a violation of two sections of the Securities Exchange Act of 1934, namely, Sections 7(c) and 10(b), 15 U.S.C. §§ 78g(c) and 78j(b). Federal jurisdiction is based on Section 27 of the Act, 15 U.S.C. § 78aa.

The narrow point raised by the motion is whether punitive damages may be recovered by a plaintiff in an action…

2Cases cited2 opinions

  1. Mills v. Sarjem CorporationDistrict Court, D. New Jersey · 1955
  2. International Ladies' Garment Workers' Union v. Shields & Co.District Court, S.D. New York · 1962

3Cited by20 opinions

  1. Green v. Wolf Corp.Court of Appeals for the Second Circuit · 1968
  2. Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
  3. Globus v. Law Research Service, Inc.Court of Appeals for the Second Circuit · 1969
  4. Hecht v. Harris, Upham & Co.District Court, N.D. California · 1968
  5. In Re Caesars Palace Securities LitigationDistrict Court, S.D. New York · 1973

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