Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

High Court Keeps Securities Fraud Standard(Enron,Worldcom victims screwed)

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Latest Breaking News Donate to DU
 
rainbow4321 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-05 02:38 PM
Original message
High Court Keeps Securities Fraud Standard(Enron,Worldcom victims screwed)
http://hosted.ap.org/dynamic/stories/S/SCOTUS_SECURITIES_FRAUD?SITE=TXDAM&TEMPLATE=SCOTUS.html&SECTION=HOME

The justices ruled unanimously for Dura Pharmaceuticals Inc., a division of Ireland-based Elan Corp., which was sued for fraud following a November 1998 disclosure that its asthma drug dispenser didn't receive federal approval as expected. The news sent stock prices lower.

Investors who bring corporate fraud lawsuits must show a link between the alleged illegal activity and a drop in stock prices, the Supreme Court ruled Tuesday in a victory for business groups and the Bush administration.

The decision means that investors, who lost trillions of dollars in stock market wealth following accounting scandals at companies such as Enron Corp. and WorldCom, could have a tougher case in court should they sue. That will depend in part on how stringently lower courts interpret what constitutes an adequate "link."

Backing Dura were the Bush administration, the U.S. Chamber of Commerce and the Securities Industry Association, which feared a wave of fraud claims from investors who bought shares "too high."



Printer Friendly | Permalink |  | Top
TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-20-05 03:19 PM
Response to Original message
1. The company and its owners are assumed to be the same.
Edited on Wed Apr-20-05 03:20 PM by TahitiNut
A corporation is a legal fiction (a 'firewall') that limits the liability of the owners. When the owners then attempt to sue themselves (such lawsuits, iirc, are called "derivative lawsuits"), they run into the very thing which essentially limits their liability to just the amount they have invested and not their personal wealth. That's why the wealthy regard hedge positions so favorably - positions not available to smaller investors and institutionalized investors.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Tue May 07th 2024, 03:04 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Latest Breaking News Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC