Civil Procedure Keyed to Cound
Parklane Hosiery Co. v. Shore
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
In a prior action, the SEC brought suit against the Petitioner alleging that the proxy statement issued by the Petitioner was materially false and misleading. The Court found the proxy statement to be so and entered a declaratory judgment and the Court of Appeals affirmed. In the present action, the Respondent brought a stockholder’s class action lawsuit against the Petitioner alleging that the Petitioner had issued a materially false and misleading proxy statement in connection with a merger and sought damages, rescission of the merger and recovery of costs. The Respondent then moved for partial summary judgment against the Petitioner, asserting that the Petitioners were collaterally estopped from relitigating the issues that had been resolved against them in the SEC case. The District Court denied the motion on the ground that application of collateral estoppel would deny the Petitioner their Seventh Amendment right to a jury trial. The Court of Appeals reversed.
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