· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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