Glona v. American Guarantee & Liability Insurance

Glona v. American Guarantee & Liability Insurance Co.

Glona v. Am. Guarantee & Liab. Ins., 389 U.S. 969 (1967)

Court: Supreme Court of the United States
Decided: December 4, 1967
Docket: No. 639
Citations: 389 U.S. 96988 S. Ct. 47719 L. Ed. 2d 4601967 U.S. LEXIS 152

Cited by 180 16 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

C. A. 5th Cir. Certiorari granted and case set for oral argument immediately following No. 508 (see ante, p. 925).

How later courts describe this case

Explanatory parentheticals written by citing courts — 16 in all; the most informative distinct ones are shown.

(holding that a plaintiff who was forced to sell shares after a short form merger had standing to bring a § 10(b) claim)

Gunter v. Ridgewood Energy Corp., 32 F. Supp. 2d 166 (D.N.J. 1998)
(affirming denial of leave to amend where facts known to plaintiff from outset and plaintiff awaiting outcome of motion to dismiss before seeking leave)

Lee v. Regal Cruises, Ltd., 916 F. Supp. 300 (S.D.N.Y. 1996)
(affirming Judge Bonsai’s bad faith rationale for denying leave to amend where the new information alleged in the complaint was within plaintiff’s knowledge before argument on a motion to dismiss the first amended complaint)

Lewis v. Marine Midland Grace Trust Co., 63 F.R.D. 39 (S.D.N.Y. 1973)
(applying Thompson where appellant filed untimely postjudgment motion, that, if timely, would have tolled the running of the 30-day period, because district court then held the untimely motion sub judice for two weeks, until the 30-day period for an appeal had expired)

Endicott Johnson Corp. v. Liberty Mut. Ins. Co., 116 F.3d 53 (2d Cir. 1997)
(sufficient number of corporate stocks acquired by one party permitted a short-form merger without approval of class of shareholders of which plaintiff was a member)

Umstead v. Durham Hosiery Mills, Inc., 578 F. Supp. 342 (M.D.N.C. 1984)
(minority shareholders of corporation required to sell at specified price by fraudulent tender offer creating "short-form merger" qualify as "forced sellers")

Erling v. Powell, 429 F.2d 795 (8th Cir. 1970)
(shareholders faced with fraudulently promoted merger have standing under rule 10b-5 because merger would force them to “sell,” i.e., obtain cash for, their shares)

Young v. Seaboard Corp., 360 F. Supp. 490 (D. Utah 1973)
(defrauded stockbroker granted standing when client refused to pay for ordered securities)

Fed. Sec. L. Rep. P 94,125 Sue Ellen Baker James v. Gerber Prods. Co., the Old State Bank of Fremont, 483 F.2d 944 (6th Cir. 1973)

Cited by 180 cases

View all citing references →

Relies on it most ⓘ

Fed. Sec. L. Rep. P 95,447 S. William Green v. Santa Fe Industries, Inc.533 F.2d 1283 (2d Cir. 1976)
Fed. Sec. L. Rep. P 94,405 Joe L. Smallwood v. Pearl Brewing Company, Southdown, Inc., Zapata Norness, Inc., Albert J. Rangeand D. Doyle Mize489 F.2d 579 (5th Cir. 1974)
Maryland Tuna Corp. v. MS Benares429 F.2d 307 (2d Cir. 1970)
Maryland Tuna Corporation v. The Ms Benares, Her Engines, Boilers, Etc., Nichimen Co., Inc., Skibs A/s Excelsior, Bendt Rasmussen and Rederi A. B. Salenia, Interocean Shipping Corporation, Stockholm, and Nichimen Co., Ltd., Tokyo, Maryland Tuna Corporation v429 F.2d 307 (2d Cir. 1970)
Landy v. Federal Deposit Insurance486 F.2d 139 (3d Cir. 1973)
Fed. Sec. L. Rep. P 93,503 Paul S. Dopp v. Franklin National Bank, and Butler Aviation International, Inc.461 F.2d 873 (2d Cir. 1972)

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Lichtenberg v. Besicorp Group Inc.204 F.3d 397 (2d Cir. 2000)
Gunter v. Ridgewood Energy Corp.32 F. Supp. 2d 166 (D.N.J. 1998)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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