© Copyright 2012, vLex. All Rights Reserved.
- Language
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
blue chip stamps supreme court
555 documents for blue chip stamps supreme court
-
WASHINGTON (HedgeWorld.com) - The United States Supreme Court heard arguments Wednesday [Jan. 18] in a case it might use to deprive states of the authority to create a class-action cause of action for persons induced to retain (i.e. to refrain from the sale of) certain securities on the basis of allegedly fraudulent statements. The issue is of great importance because, 31 years ago, in Blue Chip Stamps v. Manor Drug Stores, the Supreme Court held that only actual securities transactions could create an implied right to a private cause of action in federal court. Someone who is induced by a misstatement to refrain from selling a stock has not committed an actual transaction, and therefore does not acquire a right to bring a federal lawsuit.
-
...(11) and later endorsed by the U.S. Supreme Court in Blue Chip Stamps v. Manor Drug Stores, (1...
-
United States Court of Appeals. FOR THE EIGH...2006). The Supreme Court's broad holding in Merrill Lynch, Pierce, Fe...See Dabit, 547 U.S. at 78-82; Blue Chip Stamps v. . Manor Drug Stores, 421 U.S. 723, ...
-
... issues, primarily from the perspective of courts within the Second Circuit. . I. THE SECOND CIRCUIT..." requirement of 23(b)(3); the Supreme Court has stated that the commonality inquiry is e... was later confirmed by the Supreme Court in Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723, 75...
-
Introduction. II. Federal and State Securities Laws and Congress's Blurring of the Lines. A. Federal Securities Laws and Section 10(b). B. State Securities Laws and Common Law Causes of Action. C. Congressional Shifts in the Balance. 1. The PSLRA of 1995. 2. The NSMIA of 1996. 3. SLUSA of 1998. III. The Scorned Broker: The Dabit Case and the Federal Circuit Split. A. The Dabit Case. B. The Majority Rule. 1. Presumption of Congressional Knowledge of Settled Judicial Interpretation. 2. No Congressional Intent to Go Beyond Closing the Federal Flight Loophole. C. The Minority Rule. 1. Congressional Intent to Go Beyond Closing the Federal Flight Loophole. 2. Policy Considerations Supporting Preemption. 3. Complete Preemption of State Securities Fraud Class Actions. IV. The Death of the St...
...If a court determines that the plaintiffs' state law holding ...Prior to the United States Supreme Court's decision in Dabit , a split had emerged a.../seller standing rule in its decision in Blue Chip Stamps v. Manor Drug Stores as a means of re...
-
..., judgment of the United States District Court for the Southern District of New York (Richard M. ...Citing Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723, 95...The Supreme Court has explained that "[w]hen we deal with priv...
-
It is undoubtedly the case that, in many of the securities class action lawsuits that investors have filed against financial institutions due to their losses in the wake of the recent financial crisis, plaintiffs will be able to point to statistically significant and substantial price drops associated with firm-specific disclosures of writedowns and losses associated with securities whose value has been negatively impacted, perhaps dramatically so, by the downturn in the real estate market. In Part II, the authors begin by briefly discussing the context in which much of the securities class action litigation against financial institutions is occurring. Part III then discusses in detail why the foreseeability of the housing market downturn is of great importance in assessing the legal so...
..., particularly in the aftermath of the Supreme Court's 2005 decision in Dura Pharmaceuticals, Inc... a result of the Supreme Court's decision in Blue Chip Stamps v. Manor Drug Stores,24 it is well est...
-
... UNITED STATES COURT OF APPEALS. FOR THE NINTH CIRCUIT. UNITED S.... [3] In Blue Chip Stamps v. Manor Drug Stores, 421 U.S. . 723, 750 (1975), the Supreme Court considered a complex securities case that in...
-
... On February 8, 2010, the Supreme Court of Georgia issued a decision1 that expands t... (Second) of Torts § 525 as well as Blue Chip Stamps v. Manor Drug Stores,5 a case in which...
