§Why CasetextPricing

Securities and Exchange Commission v. Mapp, III et al

MOTION for Summary Judgment Plaintiff's Motion For Summary Judgment and Brief in Support

36 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,147 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,112 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,356 times   308 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  4. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,488 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

  5. Forsyth v. Barr

    19 F.3d 1527 (5th Cir. 1994)   Cited 2,769 times
    Holding that plaintiffs, asserting violations of § 2511, had not produced "evidence sufficient to demonstrate the existence of a material fact issue on whether the appellees intentionally intercepted their conversations"

  6. Aaron v. Securities & Exchange Commission

    446 U.S. 680 (1980)   Cited 781 times   27 Legal Analyses
    Holding that scienter is an element of Section 10(b), Rule 10b-5, and Section 17, but not Section 17 or

  7. Hanon v. Dataproducts Corp.

    976 F.2d 497 (9th Cir. 1992)   Cited 1,625 times   1 Legal Analyses
    Holding that the defendants' statements emphasizing superior quality were material because "a reasonable jury could conclude that [the company] publicly released optimistic statements ... when it knew [its product] could not be built reliably"

  8. United States v. Naftalin

    441 U.S. 768 (1979)   Cited 282 times   1 Legal Analyses
    Holding that Securities Act "prohibits frauds against brokers as well as investors"

  9. Secu. Exc. Co. v. Plat. Wire. Inte. Co.

    617 F.3d 1072 (9th Cir. 2010)   Cited 330 times   1 Legal Analyses
    Holding that statements of subject intent are irrelevant to the issue of control as a matter of law because "they do not address [the defendant's] power to direct the actions of [the controlled entity] ...."

  10. Shaw Constructors v. ICF Kaiser Engineers, Inc.

    395 F.3d 533 (5th Cir. 2004)   Cited 313 times
    Holding that cross-motions for summary judgment "must be considered separately," and "each movant bears the burden of establishing that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,074 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,539 times   165 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  13. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,316 times   38 Legal Analyses
    Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security

  14. Section 77e - Prohibitions relating to interstate commerce and the mails

    15 U.S.C. § 77e   Cited 1,859 times   25 Legal Analyses
    Requiring registration statement before selling securities

  15. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,227 times   134 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"

  16. Section 230.501 - Definitions and terms used in Regulation D

    17 C.F.R. § 230.501   Cited 154 times   20 Legal Analyses
    Defining "accredited investor" to include persons "who the issuer reasonably believes" are accredited

  17. Section 230.506 - Exemption for limited offers and sales without regard to dollar amount of offering

    17 C.F.R. § 230.506   Cited 108 times   10 Legal Analyses
    Providing specific rules under which an issuer can ensure a transaction is not a public offering

  18. Section 230.502 - General conditions to be met

    17 C.F.R. § 230.502   Cited 79 times   3 Legal Analyses
    Requiring disclosures to "purchasers" of stock who are unaccredited investors