Topic: once the sec introduces evidence that a defendant has viola… · Go Syfert
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Topic #30839

3 canonical passages across 3 cases, quoted by 12 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen Murphy.

#Case FlagCanonical passage Citers
1 Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen Murphy Anchor
ca9 · 1980
green “once the sec introduces evidence that a defendant has violated the registration provisions, the defendant then has the burden of proof in showing entitlement to an exemption.” 5
2 Kay Hollinger Richard Llewelyn Jones Edward E. Nissen Judy D'Arcy K-Judy, Ltd. v. Titan Capital Corp. Emil Wilkowski Painter Financial Group, Ltd.
ca9 · 1990
green “a highly unreasonable omission, involving not merely simple, or even inexcusable negligence, but an extreme departure from the standards of ordinary care, and which presents a danger of misleading buyers or sellers that is either known to the defendant or is so obvious that the …” 4
3 Gebhart v. Securities & Exchange Commission
ca9 · 2010
green “although we may consider the objective unreasonableness of the defendant's conduct to raise an inference of scienter, the ultimate question is whether the defendant knew his or her statements were false, or was consciously reckless as to their truth or falsity.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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