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· 1/9/1990

R. Richard Bastian, III v. Petren Resources Corporation

Citations

  • 892 F.2d 680
  • 1990 U.S. App. LEXIS 288
  • 1990 WL 842

How courts have described this case

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

  • explaining that if ventures failed because of industry-wide phenomena, rather than purported fraud, plaintiff could not demonstrate loss causation
  • calling loss causation simply “an exotic name” for “the standard common law fraud rule” requiring the plaintiff to prove both factual and legal causation
  • loss causation not established because defendants’ misstatements were not the reason that the transaction “turned out to be a losing one.”
  • “in actions under section 11 of the 1933 Act ... absence of loss causation is an explicit defense”
  • loss causation is “more accurately described as an element of cause, period.”
  • \[Cjases should be decided on the narrowest possible ground.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Eschbach, Posner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.