United States: Second Circuit Reverses Dismissal Of Section 11 And 12(A)(2) Claims, Holding That Plaintiff's Allegations Were Sufficient To Plead A Reasonable Inference Of Misrepresentations In A Prospectus - Sheppard Mullin Richter & Hampton
In New Jersey Carpenters Health Fund v. Royal Bank of Scotland Group, PLC, 2013 U.S. App. LEXIS 4317, the United States Court of Appeals for the Second Circuit reversed the dismissal of a claim for violations of Sections 11 and 12(a)(2) of the Securities Act of 1933, 15 U.S.C. §§ 77k, 77l, holding that the plaintiff pleaded sufficient facts to support a reasonable inference that defendants misstated mortgage underwriting guidelines to investors.
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Martha Stewart to Testify in Trial Over Her Brand
NEW YORK — Eight years after Martha Stewart was released from prison for lying about a stock trade, the home diva is now facing another legal mess that may not be easy to clean up. Stewart, 71, is scheduled to take the stand in New York State Supreme Court Tuesday. She is at the center of a bitter legal battle between two of the nation’s largest retailers — Macy’s Inc. and J.C. Penney Co. Macy’s sued the media and merchandising company Stewart founded for breaching an exclusive contract when she signed a deal with Penney in December 2011 to open shops at most of its stores this spring. Macy’s, which has sold Martha Stewart products including towels and pots since 2007, is trying to block Penney from selling those products. The trial is clearly more than a vanilla contract dispute. It’s a courtroom drama that’s unfolding about disloyalty and greed. Testimony has portrayed Stewart as someone who turned her back on her good friend and Macy’s CEO Terry Lundgren so she could ...
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