Legal Opinion
Gerald M. Hocking v. Maylee Dubois and Vitousek & Dick Realtors, Inc., a Hawaii Corporation
Court of Appeals for the Ninth Circuit
Decided February 10, 1988No. 85-1932PublishedCited by 17 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
This is an action for fraud brought under the federal securities laws against a real estate agent and the broker that employed her. Appellant Hocking based federal jurisdiction on the claim that the real estate agent offered a “security” within the meaning of the federal securities laws. He also alleged pendent state causes of action for fraud. The district court entered summary judgment, concluding that it lacked subject matter jurisdiction because no security was involved. On appeal, the central issue is whether the real estate agent’s alleged conduct, if true,…
2Cases cited32 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- Tcherepnin v. KnightSupreme Court of the United States · 1967
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
- Carpenter v. United StatesSupreme Court of the United States · 1987
27 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Raul F. Rodriguez v. Banco Central CorporationCourt of Appeals for the First Circuit · 1993
- Gerald M. Hocking v. Maylee Dubois and Vitousek & Dick Realtors, Inc., a Hawaii CorporationCourt of Appeals for the Ninth Circuit · 1989
- Lavery v. KearnsDistrict Court, D. Maine · 1992
- Nnn Durham Office Portfolio 1, LLC v. Highwoods Realty Ltd. P'shipNorth Carolina Business Court · 2013
- Mace Neufeld Productions, Inc. v. Orion Pictures Corp.Court of Appeals for the Ninth Circuit · 1988
12 more not listed; retrieve them via the Exa API.