Affiliated Ute Citizens of Utah v. United States 8212 78, No. 70
| Court | United States Supreme Court |
| Writing for the Court | BLACKMUN |
| Citation | 406 U.S. 128,92 S.Ct. 1456,31 L.Ed.2d 741 |
| Parties | AFFILIATED UTE CITIZENS OF the State of UTAH et al., Petitioners, v. UNITED STATES et al. —78 |
| Docket Number | No. 70 |
| Decision Date | 24 April 1972 |
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1411 practice notes
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Securities and Exchange Commission,
...owe shareholders more extensive fiduciary duties under the federal securities laws. See Affiliated Ute Citizens v. United States, 406 U.S. 128, 151-52 (1972) (if bank employees claiming to be acting as transfer agents had performed purely transfer agent functions, instead of acting as marke......
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Coronet Ins. Co. v. Seyfarth, No. 86 C 1935.
...in the case of a misrepresentation, and to the defendant in the case of an omission. Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 153-54, 92 S.Ct. 1456, 1472, 31 L.Ed.2d 741 (1972). See Michaels v. Michaels, 767 F.2d 1185, 1199-1200 (7th Cir.1985) (plaintiff must prove he......
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SEC v. Lorin, No. 90 Civ. 7461 (HB).
...the SEC's reliance on this difference is undermined in part by the Supreme Court decision of Affiliated Ute Citizens v. United States, 406 U.S. 128, 92 S.Ct. 1456, 31 L.Ed.2d 741 (1972). There, the Court stated that in a private action for redress of securities law violations where the amou......
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Tietsworth v. Sears, Case No. 5:09-CV-00288 JF (HRL).
...of reliance is not a prerequisite to recovery.” Plascencia, 259 F.R.D. at 447, quoting Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 153, 92 S.Ct. 1456, 31 L.Ed.2d 741 (1972). “Rather, ‘[a]ll that is necessary is that the facts withheld be material,’ in the sense that a re......
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1410 cases
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Coronet Ins. Co. v. Seyfarth, 86 C 1935.
...in the case of a misrepresentation, and to the defendant in the case of an omission. Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 153-54, 92 S.Ct. 1456, 1472, 31 L.Ed.2d 741 (1972). See Michaels v. Michaels, 767 F.2d 1185, 1199-1200 (7th Cir.1985) (plaintiff must prove he......
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Koehler v. Pulvers, Civ. No. 82-1076-E.
...and causation of injury are accordingly inferred from the proof and finding of materiality. Affiliated Ute Citizens v. United States, 406 U.S. 128, 153-54, 92 S.Ct. 1456, 1472, 31 L.Ed.2d 741 (1972); Austin v. Loftsgaarden, 675 F.2d 168, 177-79 (8th Cir.1982); Arthur Young & Co. v. United S......
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Krueger v. Wyeth, Inc., Case No.: 3:03-cv-2496-JAH (MDD)
...of reliance is not a prerequisite to recovery." Plascencia, 259 F.R.D. at 447, quoting Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 153, 92 S.Ct. 1456, 31 L.Ed.2d 741, (1972). "Rather, ‘[a]ll that is necessary is that the facts withheld be material,’ in the sense that a r......
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Ciro, Inc. v. Gold, Civ. A. No. 92-155-JLL.
...S.Ct. 1375, 1386-87, 47 L.Ed.2d 668 (1976) (quoting S.Rep. No. 792, 73d Cong., 2d Sess., 12-13 (1934)); Affiliated Ute Citizens v. U.S., 406 U.S. 128, 153-54, 92 S.Ct. 1456, 1472, 31 L.Ed.2d 741 (1972); Scattergood v. Perelman, 945 F.2d at 622; Hoxworth v. Blinder, Robinson & Co., 903 F.2d ......
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2 firm's commentaries
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Southern District Of Ohio Declines To Dismiss Putative Class Action Against Energy Company Regarding Alleged Bribery Scheme
...plaintiffs' allegations were sufficient to establish a presumption of reliance under Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128 (1972) and Basic Inc. v. Levinson, 485 U.S. 224 (1988). Id. at 50-52. With respect to defendants who were not alleged to have made misrepresent......
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Southern District Of Ohio Declines To Dismiss Putative Class Action Against Energy Company Regarding Alleged Bribery Scheme
...plaintiffs' allegations were sufficient to establish a presumption of reliance under Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128 (1972) and Basic Inc. v. Levinson, 485 U.S. 224 (1988). Id. at 50-52. With respect to defendants who were not alleged to have made misrepresent......
8 books & journal articles
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Fraud and Misrepresentation
...165. Stoneridge Inv. Partners v. Scientific-Atlanta, Inc., 552 U.S. 148, 159 (2008); Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 153-54 (1972). 166. See, e.g., Dirks v. SEC, 463 U.S. 646, 653-54 (1983); Chiarella v. United States., 445 U.S. 222, 228 (1980). 167. Bateman ......
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SECURITIES FRAUD
...and restrictively, but flexibly to effectuate its remedial purposes’” (quoting Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 151 (1972))); Reves v. Ernst & Young, 494 U.S. 56, 61 (1990) (holding that the court is not bound by legal formalisms, but rather should take into......
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Title 18 Insider Trading.
...besides a "manipulative act," as "material misstatement (or omission)"); see also Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 152-53 (1972) (explaining the fraud-by-omission theory as a party's silence in the face of a duty to (51.) See Santa Fe Indus., Inc. v. Green, 43......
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Permanently reviving the temporary insider.
...for insider trading."). (205.) Chiarella v. United States, 445 U.S. 222, 246-47 (1980). See Affiliated Ute Citizens v. United States, 406 U.S. 128, 151 (1972); Superintendent of Insurance v. Bankers Life & Casualty Co., 404 U.S. 6, 12 (1971); and SEC v. Capital Gains Research Bureau, 37......
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