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Aaron Vs. Sec
Cites for this judgment
- US Supreme Court
- Jun 02, 1980
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U.S. 680 (1980) U.S. Supreme Court Aaron v. SECSearch
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U.S. 680 (1980) Aaron v. SECSearch
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of the identity of the plaintiff or the nature of the relief Page 446 U. S. 681 sought. Ernst & Ernst v. HochfelderSearch
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and the section's legislative history also points toward a scienter requirement. SEC v. CapitalSearch
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conduct on members of the investing public, rather than upon the culpability of the person responsible. Cf. SEC v. CapitalSearch
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b) and Rule 10b-5, the Court of Appeals noted that this Court's opinion in Ernst & Ernst v. HochfelderSearch
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a), the Court of Appeals relied on its earlier decision in SEC v. CoenSearch
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injunctive action, is not expressly authorized by statute, but rather has been judicially implied. See Ernst & Ernst v. HochfelderSearch
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b) and Rule 10b-5, see Ernst & Ernst v. HochfelderSearch
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Blue Chip Stamps v. ManorSearch
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Affiliated Ute Citizens v. UnitedSearch
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Superintendent of Insurance v. BankersSearch
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a). See Blue Chip Stamps v. ManorSearch
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b) and Rule 10b-5, we do not write on a clean slate. Rather, the starting point for our inquiry is Ernst & Ernst v. HochfelderSearch
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in the present context of a Commission enforcement action for injunctive relief. We are urged instead to look to SEC v. CapitalSearch
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States, 406 U.S. at 406 U. S. 151 , quoting, SEC v. CapitalSearch
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Touche Ross Co. v. RedingtonSearch
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U. S. 560 , 442 U. S. 578 , quoting, SEC v. SloanSearch
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Ernst & Ernst v. HochfelderSearch
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a). In United States v. NaftalinSearch
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the Commission must establish a sufficient evidentiary predicate to show that such future violation may occur. See SEC v. CommonwealthSearch
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important factor in this regard is the degree of intentional wrongdoing evident in a defendant's past conduct. See SEC v. WillsSearch
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is used throughout this opinion, as it was in Ernst & Ernst v. HochfelderSearch
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Compare, e.g., the present case and SEC v. CovenSearch
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a)(1)-(3)), with Steadman v. SECSearch
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a)(2)-(3)), and with SEC v. CencoSearch
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Compare, e.g., the present case and SEC v. WorldSearch
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b) and Rule 10b-5), with SEC v. BlattSearch
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b) so clearly at odds with its plain meaning and legislative history. See SEC v. SloanSearch
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requiring a showing of scienter as a predicate for injunctive relief by the New York Attorney General. People v. FederatedSearch
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arguments advanced by the parties. See Ernst & Ernst v. HochfelderSearch
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Congress has done that. The Court's holding is compelled in large measure by Ernst Ernst v. HochfelderSearch
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SEC v. ManorSearch
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Nursing Centers, Inc., 458 F.2d 1082, 1100 (CA2 1975). Accord, SEC v. KellerSearch
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I read the Court's opinion, it is little more than an extrapolation of the reasoning that was employed in Ernst Ernst v. HochfelderSearch
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quite unclear that the words themselves call for so restrictive a definition. Second, as the Court recognized in SEC v. CapitalSearch
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St. Paul Fire & Marine Ins. Co. v. BarrySearch
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U. S. 531 , 438 U. S. 545 (1978), quoting Duparquet Co. v. EvansSearch
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SEC v. CapitalSearch
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and to place upon those in control of information the responsibility for misrepresentation. SEC v. CapitalSearch
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needed after the market debacles that helped to plummet the Nation into a major economic depression. See United States v. NaftalinSearch
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had been given broad definition in prior enactments. In Armour Packing Co. v. UnitedSearch
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Ernst Ernst v. HochfelderSearch
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common law principles in the interpretation of the antifraud provisions of the securities laws. See, e.g., Chiarella v. UnitedSearch
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States, 445 U. S. 222 , 445 U. S. 227 -229 (1980). See also Lanza v. DrexelSearch
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U.S. Supreme Court Aaron v. SECSearch
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