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· 4/13/2012

Absolute Activist Value Master Fund Ltd. v. Ficeto

Citations

  • 677 F.3d 60
  • 2012 WL 1232700

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that it \may be more likely for domestic transactions to involve parties residing in the United States\
  • holding that allegations that securities purchases were “brokered through a U.S. broker‐dealer,” standing alone, are insufficient to establish that irrevocable liability was incurred in the United States
  • noting that the location of the broker for the transaction does not unequivocally determine where a contract was executed
  • noting that “the plurality of Ethereum nodes that verified U.S. persons’ purchases from [B]lock.one are located in the U.S.”
  • explaining that courts must determine the meaning of a domestic purchase or sale by “consider[ing] how these terms are defined”
  • explaining that under Morrison, “a securities- transaction is domestic when the parties incur irrevocable liability to carry out the transaction within the United States or when title is passed within the United States”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Winter, Katzmann

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.