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Dewey v. Johnson et al

MEMORANDUM in Opposition re MOTION to Dismiss 1 Notice of Removal Complaint

20 Cited authorities

  1. University of S. Alabama v. American Tobacco

    168 F.3d 405 (11th Cir. 1999)   Cited 2,600 times
    Holding that if a party is deemed to be “an arm or alter ego of the State, ” then diversity jurisdiction “must fail”

  2. Brown v. Earthboard Sports

    481 F.3d 901 (6th Cir. 2007)   Cited 102 times
    Finding that, under Kentucky law, an investment firm did not materially aid in the improper sale or purchase of a security, where an independent contractor used the firm's office equipment to effect improper trades

  3. Codapro Corp. v. Wilson

    997 F. Supp. 322 (E.D.N.Y. 1998)   Cited 93 times
    Holding that a non-lawyer individual defendant's consent on behalf of six corporate defendants was invalid

  4. Shurman v. Atlantic Mortg. Inv. Corp.

    795 So. 2d 952 (Fla. 2001)   Cited 76 times
    Holding incarcerated inmate's "usual place of abode" is correctional facility for purposes of substitute service under section 48.031, Florida Statutes

  5. Aetna U.S. Healthcare, Inc. v. Hoechst Aktiengesellschaft

    54 F. Supp. 2d 1042 (D. Kan. 1999)   Cited 49 times
    Holding disgorgement claim inappropriately characterized as collective right or interest where each plaintiff could have brought a separate independent claim to recover overpayments unjustly conferred on defendants, and where each plaintiff would only be entitled to recover their own share of the overpayment

  6. Grippo v. Perazzo

    357 F.3d 1218 (11th Cir. 2004)   Cited 37 times
    Holding that plaintiff could maintain a section 10(b) action even though “no proof exist[ed] that a security was actually bought or sold”

  7. Smith v. Mail Boxes Etc.

    191 F. Supp. 2d 1155 (E.D. Cal. 2002)   Cited 29 times

    No. CIV. S-01-2271 WBS/DAD March 19, 2002 Kevin P. Roddy, Hagens Berman, Los Angles, CA, Travey Stevens BuckWalsh, Law Office of Tracey BuckWalsh, Sacramento, CA, for Plaintiff. Alan G. Perkins, Daniel L. Egan, Paul T. Friedman, Wilke, Fleury, Hoffelt, Gould and Birney, Sacramento, CA, for Defendant. MEMORANDUM AND ORDER WILLIAM B. SHUBB, United States District Judge. Defendants move to stay this action pending the resolution of the Judicial Panel on Multidistrict Litigation's determination whether

  8. Schaffer v. Evolving Systems, Inc.

    29 F. Supp. 2d 1213 (D. Colo. 1998)   Cited 33 times
    Finding group-published information doctrine applies to cases governed by the PSLRA

  9. Banco Latino, S.A.C.A. v. Gomez Lopez

    53 F. Supp. 2d 1273 (S.D. Fla. 1999)   Cited 32 times
    Holding that Article 19 permits service methods expressly provided for by another country and permits service methods that are not contrary a country's laws even though the methods are not explicitly authorized by the other country

  10. Temple v. Gorman

    201 F. Supp. 2d 1238 (S.D. Fla. 2002)   Cited 22 times
    Holding that when a private placement of securities purported to be exempt under Rule 506, "[r]egardless of whether the private placement actually complied with the substantive requirements of Regulation D or Rule 506, the securities sold to Plaintiffs are federal `covered securities' because they were sold pursuant to those rules [a]s a result, Fla. Stat. § 517.07 does not require registration of such securities"

  11. Section 517.301 - Fraudulent transactions; falsification or concealment of facts

    Fla. Stat. § 517.301   Cited 190 times   1 Legal Analyses

    (1) It is unlawful and a violation of the provisions of this chapter for a person: (a) In connection with the rendering of any investment advice or in connection with the offer, sale, or purchase of any investment or security, including any security exempted under the provisions of s. 517.051 and including any security sold in a transaction exempted under the provisions of s. 517.061, directly or indirectly: 1. To employ any device, scheme, or artifice to defraud; 2. To obtain money or property by