Fed. Sec. L. Rep. P 95,614 the Exchange National Bank of Chicago v. Touche Ross & Co.

How courts have described this case

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

• recognizing that “judgments under [Federal Rule of Civil Procedure] 12(b)(6) are on the merits, with res judicata effects”
• recognizing that “judgments under [Federal Rule of Civil Procedure] 12(b)(6) are on the merits, with res judicata effects”
• recognizing that “judgments under Rule 12(b)(6) are on the merits, with res judicata effects”
• suggesting that taking full account of the anti-literalist approach of Forman, supra, the best available alternative might lie in greater recourse to the statutory language and setting forth specific examples of items that would not constitute “securities”
• directing the district courts to look to the duration of the note and the circumstances surrounding its issue before determining whether it is a “security”
• listing examples of notes that are not 35 securities under the Exchange Act’s anti‐fraud provisions, including “the note secured by a mortgage on a home”

Source: CourtListener parenthetical corpus (CC0).