Miller v. Thane Int’l, Inc.
Miller v. Thane Int’l, Inc., 05-56043
In a class action brought against defendants under sections 12(a)(2) and 15 of the Securities Act of 1933 alleging control person liability against individual defendants in connection with a merger transaction, a judgment in favor of defendants is reversed where: 1) the district court clearly erred when it found that defendants did not misrepresent that they would list the merged company’s shares on the NASDAQ; and 2) such misrepresentations were material. (Superceding amended opinion)
- Argued 05/09/2007
- Submitted 05/09/2007
- Decided 03/18/2008
- Published 03/18/2008
- Before: ?BARRY G. SILVERMAN, KIM McLANE WARDLAW, and JAY S. BYBEE, Circuit Judges.
- United States Ninth Circuit
- For Appellant:
- Joel C. Feffer and Daniella Quitt, Wechsler Harwood LLP, New York, NY, and Lionel Z. Glancy and Peter A. Binkow, Glancy Binkow & Goldberg LLP, Los Angeles, CA, for the plaintiffs-appellants.
- For Appellees:
- Daniel J. Tyukody and Michael C. Tu, Orrick, Herrington & Sutcliffe LLP, Los Angeles, CA, for the defendants-appellees.