Legal Opinion
Paul Bennett v. Hunter Durham
Court of Appeals for the Sixth Circuit
Decided June 28, 2012No. 11-5782, 11-5918PublishedCited by 10 opinions
1Opinion of the Court
OPINION
SUTTON, Circuit Judge.
The Kentucky Securities Act imposes liability on (1) anyone who “offers or sells a security” in violation of its terms and (2) any “agent” of the seller who “materially aids” the sale of securities, defined as someone who “effect[s] or attempt[s] to effect” the sale. Ky.Rev.Stat. §§ 292.480(1), (4); 292.310(1). These related cases present the same question: Does the Act impose liability on an attorney who performs traditional legal services for a company offering its securities for sale to the public? The answer is no.
I
Paul Bennett, Frederick Clayton and their…
2Cases cited28 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Pinter v. DahlSupreme Court of the United States · 1988
- Pennington v. State Farm Mutual Automobile InsuranceCourt of Appeals for the Sixth Circuit · 2009
- Inland Bulk Transfer Co. v. Cummins Engine Co.Court of Appeals for the Sixth Circuit · 2003
- Arthur Young & Co. v. RevesCourt of Appeals for the Eighth Circuit · 1991
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3Cited by10 opinions
- Tutor Perini Corporation v. Banc of America Securities LLCCourt of Appeals for the First Circuit · 2016
- Obasi Investment Ltd v. Tibet Pharmaceuticals IncCourt of Appeals for the Third Circuit · 2019
- United States v. Gary MilbyCourt of Appeals for the Sixth Circuit · 2014
- Brattain v. AlcitepeDistrict Court, District of Columbia · 2013
- AIRN LIQUIDATION TRUST CO., LLC v. WIPFLI LLPUnited States Bankruptcy Court, D. New Jersey · 2024
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