Legal Opinion

Nichols v. Merrill Lynch, Pierce, Fenner & Smith

District Court, M.D. Tennessee

Decided January 19, 1989No. 3-86-0486PublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM

HIGGINS, District Judge.

This is an action alleging fraud and other unlawful acts incident to the sale of securities in violation of federal securities laws, state blue-sky laws, the Racketeer Influence and Corrupt Organization Act (RICO), the Tennessee Consumer Protection Act (TCPA), and various theories of common law liability discussed in more detail below. Plaintiff Donald Nichols and 112 others filed their original complaint in this Court on May 30, 1986. 1 The complaint names fourteen persons as defendants in this action. Those defendants which have filed motions presently…

2Cases cited127 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Thomas v. ArnSupreme Court of the United States · 1986
  3. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  4. United States v. W. R. Walters, United States of America v. Two Hundred Sixty-Two FirearmsCourt of Appeals for the Sixth Circuit · 1981
  5. Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985

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3Cited by28 opinions

  1. In Re Integrated Resources Real Estate Ltd. Partnerships Securities LitigationDistrict Court, S.D. New York · 1993
  2. Hardcastle v. HarrisCourt of Appeals of Tennessee · 2004
  3. Bowen v. Ziasun Technologies, Inc.California Court of Appeal · 2004
  4. Carolyn Caproni v. Prudential Securities, Incorporated Terrance W. Sullivan and Ronald J. ChewningCourt of Appeals for the Sixth Circuit · 1994
  5. Mercer v. Jaffe, Snider, Raitt and Heuer, PCDistrict Court, W.D. Michigan · 1989

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