Casselmann v. Tug Captain Kelly

How courts have described this case

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

• holding, “Where a board member is alleged to have signed the registration statements at issue, however, courts have presumed that the director exercised actual authority and control, at least over the contents of and/or release of those statements.”
• noting although “[a]s with Section 9 11, fraud is not an element of a Section 12(a)(2) claim[,] . . . Section 12(a)(2) claim must 10 satisfy Rule 9(b) . . . to the extent that the factual allegations sound in fraud”
• “In their opposition brief, plaintiffs disclaim any allegation of fraud ... The substance of the allegations themselves, however, must be examined.”
• “True, those ANDERSON V. EDWARD D. JONES & CO. 27 allegations are incorporated by reference into the state claims but are really irrelevant thereto.”
• “True, those ANDERSON V. EDWARD D. JONES & CO. 27 allegations are incorporated by reference into the state claims but are really irrelevant thereto.”
• “Whether the defendant is a controlling person is an intensely factual question, involving scrutiny of the defendant’s participation in the day-to-day affairs of the corporation and the defendant’s power to control corporate actions”

Source: CourtListener parenthetical corpus (CC0).