Securities and Exchange Commission v. Robert J. McNulty George G. Handgis, Franklin D. Roberts, John M. Shanklin and W.N. Thompson, John M. Shanklin

How courts have described this case

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

• concluding that willfulness may be established where the litigant’s conduct was “egregious and was not satisfactorily explained”
• holding that a party may not avoid the consequences of the acts or omissions of a freely-selected agent
• holding that there is “no scienter requirement inserted in SEC Rule 13b2–1 . . . because § 13(b) of the 1934 Act ‘contains no words indicating that Congress intended to impose a ‘scienter’ requirement.’”
• finding that defendant’s failure to appear, and to respond to complaint and motion for default judgment, demonstrated willful conduct
• finding that plaintiff failed to show defendant’s delay would result in a loss of evidence or provide opportunities for fraud or collusion
• finding that defendant’s default in answering complaint was “willful” where their failure to file an answer was part of a plan to delay the court proceedings

Source: CourtListener parenthetical corpus (CC0).