· 2/27/1998
Securities & Exchange Commission v. Better Life Club of America, Inc.
Citations
- 995 F. Supp. 167
- 1998 WL 101727
- 1998 U.S. Dist. LEXIS 2392
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the Federal Tort Claims Act “reserves immunity for claims based on discretionary regulatory functions,” which includes investigating and prosecuting under § 21 of the Securities Acts
- granting summary judgment for SEC where defendant “hatched the Advertising Pool scheme, oversaw its marketing, sale, and operation, and managed the finances”
- finding mortgage payments and trade-in credit untainted and provable funds that were probably reimbursable since they were not ill-gotten
- finding mortgage payments and trade-in credit untainted and provable funds that were probably reimbursable since they were not ill-gotten
- holding Section 21(g) barred defendant’s counterclaims
- “The test of materiality is whether a reasonable investor would consider the representations important.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Thomas F. Hogan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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