| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 04-55100 
 | 
SEC v. JT Wallenbrock & Associates
 In Ponzi scheme case, disgorgement order was proper where millions of dollars received by defendants was ill-gotten gain that unjustly enriched.  | 
Securities | 
 | 
Jun. 20, 2006 | |
| 
 05-409 
 | 
Kircher v. Putnam Funds Trust
 Remand orders pursuant to securities litigation law are not exempted from general rule of nonappealability.  | 
Securities | 
 | 
Jun. 16, 2006 | |
| 
 04-1371 
 | 
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Dabit
 Class action filed by holders of securities based upon state law grounds is pre-empted by Securities Litigation Uniform Standards Act.  | 
Securities | 
 | 
Mar. 28, 2006 | |
| 
 02-50252 
 | 
U.S. v. Tarallo
 Telemarketer's conviction for securities fraud based on vicarious liability theory is not supported by sufficient evidence.  | 
Securities | 
 | 
Oct. 5, 2005 | |
| 
 03-35374 
 | 
Livid Holdings Ltd. v. Barney Inc.
 Trial court may not apply 'bespeaks caution' doctrine to statements of historical fact.  | 
Securities | 
 | 
Oct. 5, 2005 | |
| 
 02-56989 
 | 
Sparling v. Daou
 Allegation that company officers recognized revenues before labor had begun on contract projects suffices to show material misrepresentation.  | 
Securities | 
 | 
Aug. 24, 2005 | |
| 
 02-56989 
 | 
Sparling v. Daou
 Allegation that company officers recognized revenues before labor had begun on contract projects suffices to show material misrepresentation.  | 
Securities | 
 | 
Aug. 23, 2005 | |
| 
 03-35406 
 | 
SEC v. Capital Consultants
 District court properly approved receiver's plan of distribution proposing 50 percent offset.  | 
Securities | 
 | 
Aug. 23, 2005 | |
| 
 03-56129 
 | 
Securities and Exchange Commission v. Gemstar-TV Guide International Inc.
 Termination package of $37 million to corporate officers was 'extraordinary payment' that was properly held in escrow.  | 
Securities | 
 | 
Jul. 26, 2005 | |
| 
 02-50552 
 | 
U.S. v. Tarallo
 Telemarketer's conviction for securities fraud based on vicarious liability theory is not supported by sufficient evidence.  | 
Securities | 
 | 
Jun. 30, 2005 | |
| 
 03-35374 
 | 
Livid Holdings Ltd. v. Salomon Smith Barney
 Trial court may not apply 'bespeaks caution' doctrine to statements of historical fact.  | 
Securities | 
 | 
Jun. 20, 2005 | |
| 
 01-57136 
 | 
Broudo v. Dura Pharmaceuticals Inc.
 Securities fraud complaint satisfied 'loss causation' element of Section 10(b) violation of Securities and Exchange Act.  | 
Securities | 
 | 
May 3, 2005 | |
| 
 03-932 
 | 
Dura Pharmaceuticals Inc. v. Broudo
 Evidence of artificially inflated stock purchase price is insufficient to show loss causation.  | 
Securities | 
 | 
Apr. 27, 2005 | |
| 
 03-15883 
 | 
Nursing Home Pension Fund, Local 144 v. Oracle Corp.
 Particularized allegations by buyers of software company's stock are sufficient to create strong inference that company acted with scienter.  | 
Securities | 
 | 
Oct. 8, 2004 | |
| 
 02-35886 
 | 
SEC v. Rubera
 District court properly found that telephone investment program qualified as security that required registration.  | 
Securities | 
 | 
Mar. 16, 2004 | |
| 
 02-1196 
 | 
Securities and Exchange Commission v. Edwards
 Investment scheme promising fixed rate of return is 'investment contract' subject to federal securities laws.  | 
Securities | 
 | 
Jan. 21, 2004 | |
| 
 02-17474 
 | 
Employers Teamsters Local Nos. 175 and 505 Pension Trust Fund v. Clorox Co.
 Statements made by corporation are protected by safe harbor provision of Private Securities Litigation Reform Act.  | 
Securities | 
 | 
Jan. 13, 2004 | |
| 
 00-71398 
 | 
Ponce v. SEC
 SEC's ruling that accountant violated federal securities law is affirmed.  | 
Securities | 
 | 
Dec. 4, 2003 | |
| 
 02-15301 
 | 
McKesson HBOC Inc. v. New York State Common Retirement Fund Inc.
 Corporation cannot sue shareholders for being unjustly enriched due to accounting fraud.  | 
Securities | 
 | 
Oct. 15, 2003 | |
| 
 00-17098 
 | 
Nevius v. Read-Rite Corp.
 Class members suing under Private Securities Litigation Reform Act failed to allege scienter with particularity.  | 
Securities | 
 | 
Oct. 7, 2003 | |
| 
 01-71857 
 | 
Vernazza v. SEC
 SEC's decision to impose sanctions for materially false representations was supported by substantial evidence.  | 
Securities | 
 | 
Jun. 24, 2003 | |
| 
 01-16725 
 | 
No. 84 Employer-Teamster Joint Council Pension Trust Fund v. America West Holding Group
 Shareholders in airline sufficiently pleaded claim for securities fraud.  | 
Securities | 
 | 
Jun. 15, 2003 | |
| 
 02-55201 
 | 
Securities and Exchange Commission v. McCarthy
 Securities Exchange Act Section 21(e) authorizes use of summary proceedings to enforce commission orders in district court.  | 
Securities | 
 | 
Jun. 11, 2003 | |
| 
 02-15498 
 | 
Seinfeld v. Bartz
 Shareholder failed to show proxy statements regarding stock options grants were materially false.  | 
Securities | 
 | 
Jun. 11, 2003 | |
| 
 A096965 
 | 
Decker v. Yorkton Securities Inc.
 Claim alleging brokers negligently deposited stock certificates requires subjective knowledge of significant probability of adverse claim.  | 
Securities | 
 | 
May 21, 2003 | |
| 
 01-17027 
 | 
Securities and Exchange Commission v. Hickey
 Court has broad equitable power to freeze assets of nonparty where nonparty is dominated and controlled by defendant in securities action.  | 
Securities | 
 | 
Mar. 18, 2003 | |
| 
 02-55481 
 | 
SEC v. J.T. Wallenbrock and Associates
 Promissory notes secured by accounts receivable qualify as securities under Securities Exchange Acts of 1933 and 1934.  | 
Securities | 
 | 
Feb. 18, 2003 | |
| 
 01-16113 
 | 
Falkowski v. Imation Corp.
 Removal of action involving stock options was proper because claims are completely pre-empted by Securities Litigation Uniform Standards Act.  | 
Securities | 
 | 
Jan. 15, 2003 | |
| 
 01-70772 
 | 
In re Cavanaugh (Cavanaugh v. U.S. District Court)
 District court employed erroneous factors when determining lead plaintiff in class action securities litigation.  | 
Securities | 
 | 
Nov. 24, 2002 | |
| 
 00-71528 
 | 
McNabb v. SEC
 Severe sanctions are imposed upon defendant who sold securities, in form of promissory notes, without prior notice to his employer.  | 
Securities | 
 | 
Sep. 25, 2002 | 
