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Aaron Vs. Sec

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  • US Supreme Court
  • Jun 02, 1980

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69 entries 4 linked 65 unlinked
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  1. Hecht Co. Vs. Bowles US Supreme Court · Feb 28, 1944
  2. United Housing Foundation, Inc. Vs. Forman US Supreme Court · Jun 16, 1975
  3. Sec Vs. Sloan US Supreme Court · May 15, 1978
  4. Steadman Vs. Sec US Supreme Court · Feb 25, 1981
  5. U.S. 680 (1980) U.S. Supreme Court Aaron v. SEC
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  6. U.S. 680 (1980) Aaron v. SEC
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  7. of the identity of the plaintiff or the nature of the relief Page 446 U. S. 681 sought. Ernst & Ernst v. Hochfelder
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  8. and the section's legislative history also points toward a scienter requirement. SEC v. Capital
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  9. conduct on members of the investing public, rather than upon the culpability of the person responsible. Cf. SEC v. Capital
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  10. b) and Rule 10b-5, the Court of Appeals noted that this Court's opinion in Ernst & Ernst v. Hochfelder
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  11. a), the Court of Appeals relied on its earlier decision in SEC v. Coen
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  12. injunctive action, is not expressly authorized by statute, but rather has been judicially implied. See Ernst & Ernst v. Hochfelder
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  13. b) and Rule 10b-5, see Ernst & Ernst v. Hochfelder
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  14. Blue Chip Stamps v. Manor
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  15. Affiliated Ute Citizens v. United
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  16. Superintendent of Insurance v. Bankers
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  17. a). See Blue Chip Stamps v. Manor
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  18. b) and Rule 10b-5, we do not write on a clean slate. Rather, the starting point for our inquiry is Ernst & Ernst v. Hochfelder
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  19. in the present context of a Commission enforcement action for injunctive relief. We are urged instead to look to SEC v. Capital
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  20. States, 406 U.S. at 406 U. S. 151 , quoting, SEC v. Capital
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  21. Touche Ross Co. v. Redington
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  22. U. S. 560 , 442 U. S. 578 , quoting, SEC v. Sloan
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  23. Ernst & Ernst v. Hochfelder
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  24. a). In United States v. Naftalin
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  25. the Commission must establish a sufficient evidentiary predicate to show that such future violation may occur. See SEC v. Commonwealth
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  26. important factor in this regard is the degree of intentional wrongdoing evident in a defendant's past conduct. See SEC v. Wills
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  27. is used throughout this opinion, as it was in Ernst & Ernst v. Hochfelder
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  28. Compare, e.g., the present case and SEC v. Coven
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  29. a)(1)-(3)), with Steadman v. SEC
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  30. a)(2)-(3)), and with SEC v. Cenco
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  31. Compare, e.g., the present case and SEC v. World
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  32. b) and Rule 10b-5), with SEC v. Blatt
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  33. b) so clearly at odds with its plain meaning and legislative history. See SEC v. Sloan
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  34. requiring a showing of scienter as a predicate for injunctive relief by the New York Attorney General. People v. Federated
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  35. arguments advanced by the parties. See Ernst & Ernst v. Hochfelder
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  36. Congress has done that. The Court's holding is compelled in large measure by Ernst Ernst v. Hochfelder
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  37. SEC v. Manor
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  38. Nursing Centers, Inc., 458 F.2d 1082, 1100 (CA2 1975). Accord, SEC v. Keller
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  39. I read the Court's opinion, it is little more than an extrapolation of the reasoning that was employed in Ernst Ernst v. Hochfelder
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  40. quite unclear that the words themselves call for so restrictive a definition. Second, as the Court recognized in SEC v. Capital
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  41. St. Paul Fire & Marine Ins. Co. v. Barry
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  42. U. S. 531 , 438 U. S. 545 (1978), quoting Duparquet Co. v. Evans
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  43. SEC v. Capital
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  44. and to place upon those in control of information the responsibility for misrepresentation. SEC v. Capital
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  45. needed after the market debacles that helped to plummet the Nation into a major economic depression. See United States v. Naftalin
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  46. had been given broad definition in prior enactments. In Armour Packing Co. v. United
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  47. Ernst Ernst v. Hochfelder
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  48. common law principles in the interpretation of the antifraud provisions of the securities laws. See, e.g., Chiarella v. United
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  49. States, 445 U. S. 222 , 445 U. S. 227 -229 (1980). See also Lanza v. Drexel
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  50. U.S. Supreme Court Aaron v. SEC
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