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Citation: 2009 U.S. App. LEXIS 2596

1. Madden v. Cowen & Co., No.07-15900, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, November 21, 2008, Argued and Submitted, San Francisco, California, February 11, 2009, Filed

OVERVIEW: Case was remanded because the shareholder's state complaint met the requirements of the Delaware carve-out, 15 U.S.C.S. § 77p(d), because it was based on the law of the state in which the issuer of the relevant securities was incorporated, and it involved a communication (the bank's fairness opinion) with respect to the sale of those securities.


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