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· 3/25/1992

Amelia Roosevelt v. E.I. Du Pont De Nemours & Company

Citations

  • 958 F.2d 416
  • 294 U.S. App. D.C. 198
  • 1992 WL 42277

How courts have described this case

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

  • exercising discretion to address- an issue first raised on appeal because “the issue is. purely one of law important in the administration of federal - justice, and resolution of the issue does not depend on any additional facts not considered by the district court”
  • the adoption/implementation distinction is not dispositive under all circumstances because, depending on the situation, “implementation arrangements” may “implicate[ ] significant policy issues”
  • “The [S.E.C.] has consistently regarded the court, and not the agency, as the formal and binding adjudicator of Rule 14a-8’s implementation of section 14(a).”
  • Absent exceptional 61 circumstances, “it is not our practice to entertain issues first raised on appeal[.]”
  • “[S]ection 14(a) shelters use of the proxy solicitation process as a means by which stockholders may become informed about management policies and may communicate with each other.”
  • no-action letter is neither “an agency adjudication or rulemaking”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bader, Edwards, Ginsburg, Ruth, Sentelle

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.