Legal Opinion
Litzler Ex Rel. the Bankruptcy Estate of Data Race, Inc. v. CC Investments, L.D.C.
District Court, S.D. New York
Decided February 3, 2006No. 02 Civ. 6313(AKH)PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
HELLERSTEIN, District Judge.
This case involves a difficult, and not too frequently litigated, question under the Securities Exchange Act: whether three separate investors, who responded separately to an issuer’s desire to sell a newly issued class of securities, and did not consider themselves a group, but appointed one of their counsel to act for all in negotiating an agreement with issuer’s counsel, may be held to be a group for purposes of forfeiting short-swing profits under section 16(b) of the Securities Exchange Act.…
2Cases cited10 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Harlen Associates v. The Incorporated Village of Mineola and Board of Trustees for the Incorporated Village of MineolaCourt of Appeals for the Second Circuit · 2001
- Richard Morales v. Quintel Entertainment, Inc. And Peter StolzCourt of Appeals for the Second Circuit · 2001
- Foremost-McKeeson, Inc. v. Provident Securities Co.Supreme Court of the United States · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- JPMorgan Chase Bank, N.A. v. Charter Communications Operating, LLC (In Re Charter Communications)United States Bankruptcy Court, S.D. New York · 2009
- Lowinger v. Morgan Stanley & Co. LLCDistrict Court, S.D. New York · 2014
- Augenbaum v. Anson Investments Master Fund LPDistrict Court, S.D. New York · 2024
- Augenbaum v. Anson Investments Master Fund LPDistrict Court, S.D. New York · 2023