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· 8/29/1979

Fed. Sec. L. Rep. P 97,100 Donald J. Robertson v. Seidman & Seidman

Citations

  • 609 F.2d 583
  • 1979 U.S. App. LEXIS 12174

How courts have described this case

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

  • noting that plaintiff who admitted being on inquiry notice had hired his own lawyer, cooperated with the SEC, and intervened in prior, related litigation
  • summary judgment denied notwithstanding that plaintiff admitted he believed he had been swindled, price of stock dropped 85 percent, and SEC initiated investigation
  • as matter of law, earliest time statute of limitations could have started against the accountants was when SEC dis covered their complicity in the scheme to defraud
  • where SEC, with its expertise and investigative abilities, did not discover defendants’ fraud, it would be unreasonable to insist that plaintiff also discover fraud
  • “When conflicting inferences can be drawn from the facts, ... summary judgment is inappropriate.”
  • expressly adopting the Seventh Circuit's approach in Sperry

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Feinberg, Timbers

Read full opinion on CourtListener

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