15 Cited authorities

Merrill v. Dabit
547 U.S. 71 (2006) Cited 668 times 43 Legal Analyses
Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act
Dunn Industrial Group v. City of Sugar Creek
112 S.W.3d 421 (Mo. 2003) Cited 260 times
Holding that an arbitration clause can be incorporated by reference into a contract
In re Salomon Smith Barney Mutual Fund Fees Litigation
441 F. Supp. 2d 579 (S.D.N.Y. 2006) Cited 57 times 1 Legal Analyses
Holding there is no private right of action to enforce §§ 34(b) and 48 of the ICA and citing other post- Olmsted cases in the same district that reached the same conclusion
State ex Rel. Painewebber v. Voorhees
891 S.W.2d 126 (Mo. 1995) Cited 59 times
Holding that speaker must have "knowledge of its falsity or ignorance of its truth"
Bancoult v. McNamara
227 F. Supp. 2d 144 (D.D.C. 2002) Cited 42 times
Denying preliminary injunction where “the parties hotly dispute [d] certain basic points”
Felton v. Morgan Stanley Dean Witter Co.
429 F. Supp. 2d 684 (S.D.N.Y. 2006) Cited 30 times
Holding common law breach of contract claim sounded in fraud where it was also "a quintessential example of a fraudulent omission of a material fact under the federal securities laws"
Figueroa v. U.S. Postal Service
422 F. Supp. 2d 866 (N.D. Ohio 2006) Cited 26 times
Noting that the "Sixth Circuit has made clear that FECA provides the only remedy for an employee disabled by work-related stress. . . Accordingly, mental distress FTCA claims predicated on a supervisor's workplace conduct are preempted by FECA"
Farmland Industries, Inc. v. Bittner
920 S.W.2d 581 (Mo. Ct. App. 1996) Cited 30 times
Affirming summary judgment where equitable estoppel failed as a matter of law because the party claiming the benefit of the estoppel could not show he was misled where both parties had equal means to ascertaining the facts
Scognamillo v. Credit Suisse First Boston LLC
No. C03-2061 TEH (N.D. Cal. Aug. 25, 2005) Cited 13 times
Holding as a matter of law that reliance on a representation by adversary in execution of merger agreement was unjustifiable where parties were represented by counsel during the negotiations process
Dinsmore v. Piper Jaffray, Inc.
1999 S.D. 56 (S.D. 1999) Cited 18 times
Holding that some parties, because of their superior knowledge and training in the area, owe a fiduciary duty to the other party of "utmost good faith, integrity and loyalty"

Siepel et al v. Bank of America, N.A. et al

15 Cited authorities

Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

Holding that an arbitration clause can be incorporated by reference into a contract

Holding there is no private right of action to enforce §§ 34(b) and 48 of the ICA and citing other post- Olmsted cases in the same district that reached the same conclusion

Holding that speaker must have "knowledge of its falsity or ignorance of its truth"

Denying preliminary injunction where “the parties hotly dispute [d] certain basic points”

Holding common law breach of contract claim sounded in fraud where it was also "a quintessential example of a fraudulent omission of a material fact under the federal securities laws"

Noting that the "Sixth Circuit has made clear that FECA provides the only remedy for an employee disabled by work-related stress. . . Accordingly, mental distress FTCA claims predicated on a supervisor's workplace conduct are preempted by FECA"

Affirming summary judgment where equitable estoppel failed as a matter of law because the party claiming the benefit of the estoppel could not show he was misled where both parties had equal means to ascertaining the facts

Holding as a matter of law that reliance on a representation by adversary in execution of merger agreement was unjustifiable where parties were represented by counsel during the negotiations process

Holding that some parties, because of their superior knowledge and training in the area, owe a fiduciary duty to the other party of "utmost good faith, integrity and loyalty"