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· 1/7/1994

Securities and Exchange Commission v. Eurobond Exchange, Ltd., and Gerald L. Rogers, AKA J.K. Glenn

Citations

  • 13 F.3d 1334
  • 94 Daily Journal DAR 334
  • 94 Cal. Daily Op. Serv. 201
  • 1994 U.S. App. LEXIS 174

How courts have described this case

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

  • holding that the doctrine of specialty did not apply to a civil action
  • efforts of promoter essential when he determined when, in what denominations, and from where to purchase investments
  • “It is undisputed that there is an investment of money: ‘At least 26 Americans invested over $1.6 million in defendants’ program.’ SEC Brief at 19. Thus, the first element is met.”
  • “In civil cases, Federal Rule of Civil 5 Procedure 12(h)(1) mandates a waiver of the defense of lack of personal jurisdiction 6 unless it is raised in the answer.”
  • investors left to promoter the elements essential to the success of the investment, including when to purchase the bonds and in what denominations, from what bank to obtain the funding at what interest rate, what bonds to purchase, and when to effect exchanges
  • applying strict vertical commonality as alternative to horizontal commonality

Source: CourtListener parenthetical corpus (CC0).

Judges: Pregerson, Leavy, Trott

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.