Legal Opinion
Securities & Exchange Commission v. Cuban
District Court, N.D. Texas
Decided August 13, 2009No. Civil Action 3:08-CV-2050-DPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SIDNEY A. FITZWATER, Chief Judge.
The dispositive question presented by defendant Mark Cuban’s (“Cuban’s”) motion to dismiss is whether plaintiff Securities and Exchange Commission (“SEC”) has adequately alleged that Cuban undertook a duty of non-use of information required to establish liability under the misappropriation theory of insider trading. Concluding that it has not, the court grants Cuban’s motion to dismiss, but it also allows the SEC to replead.
I
A
This is a suit brought by the SEC against Cuban under the misappropriation theory of insider trading. The…
2Cases cited37 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
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3Cited by8 opinions
- Cuban v. Securities & Exchange CommissionDistrict Court, District of Columbia · 2010
- Securities & Exchange Commission v. CubanDistrict Court, N.D. Texas · 2011
- Whiddon v. CHASE HOME FINANCE, LLCDistrict Court, E.D. Texas · 2009
- Securities & Exchange Commission v. CubanCourt of Appeals for the Fifth Circuit · 2010
- Securities & Exchange Commission v. McGeeDistrict Court, E.D. Pennsylvania · 2012
3 more not listed; retrieve them via the Exa API.