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Civil Procedure Keyed to Babcock
Parklane Hosiery Co. v. Shore
Citation:
439 U.S. 322 (1979)ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Shore representing a class of plaintiffs who are shareholders of Defendant Parklane brought suit alleging a violation of securities law for issuing misleading and false statements. While the suit was awaiting trial the SEC sued Parklane alleging the same violations of securities law. After a nonjury trial the district court entered judgement in favor of the SEC finding that Parklane did violate securities laws in issuing misleading and false statements. The Second Circuit Court of Appeals affirmed. Plaintiff Shore then moved for partial summary judgement arguing that Defendant Parklane was collaterally estopped from relitigating the issue of whether their statement was misleading and false because the SEC suit determined that it was. The district court denied the motion holding that allowing it would violate Parklane’s Seventh Amendment right to a jury trial.
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