Legal Opinion

McCabe v. Ernst & Young, LLP

Court of Appeals for the Third Circuit

Decided July 23, 2007No. 06-1318PublishedCited by 150 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Chief Judge.

The principal issue in this securities fraud action against auditors Ernst & Young, LLP is whether plaintiffs presented sufficient evidence of loss causation to survive a summary judgment motion. We will affirm the grant of summary judgment.

I

A

Plaintiffs Daniel McCabe, Russell McCabe, and David Motovidlak (“the ATS Plaintiffs”) had been shareholders and officers of Applied Tactical Systems, Inc., a closely-held supply chain management company that was acquired by Vertex Interactive, Inc., a publicly-traded ¡supply chain management company. The Merger…

2Cases cited36 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2007
  4. Dura Pharmaceuticals, Inc. v. BroudoSupreme Court of the United States · 2005
  5. Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983

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3Cited by150 opinions

  1. In Re Gilead Sciences Securities LitigationCourt of Appeals for the Ninth Circuit · 2008
  2. Lormand v. US Unwired, Inc.Court of Appeals for the Fifth Circuit · 2009
  3. Dorothy Daniels v. Philadelphia School DistrictCourt of Appeals for the Third Circuit · 2015
  4. Pichler v. UNITECourt of Appeals for the Third Circuit · 2008
  5. Vichi v. Koninklijke Philips ElectronicsCourt of Chancery of Delaware · 2014

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