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