LAVELLE

v.

UNITED STATES; AND THALER V. UNITED STATES

Citator

Cited By (158 total)

• Adams v. State, 443 So. 2d 1003 (Fla. 2d DCA 1983)
  …construed the word “solely” of the third prong of the test to include various schemes in which the investor was required to contribute certain minimum efforts. Thus, in SEC v. Glen W. Turner Enterprises, Inc., 474 F. 2d 476 (9th Cir.), cert. denied, 414 U.S. 821, 94 S.Ct. 117, 38 L.Ed.2d 53 (1973), the court interpreted “solely” to mean “whether the efforts made by those other than the investor are the undeniably significant ones, those essential managerial efforts which affect the failure or success of ent…
• Sotola v. State, 436 So. 2d 1001 (Fla. 5th DCA 1983)
  …charge Rosenberg in light of his statement that he had no recollection of the content of the story1 has not been preserved for appellate review. . See generally United States v. Noah, 475 F. 2d 688 (9th Cir.1973), cert. den., Ross v. United States, 414 U.S. 821, 94 S.Ct. 119, 38 L.Ed.2d 54 (1973) and cert. den., Noah v. United States, 414 U.S. 1095, 94 S.Ct. 728, 38 L.Ed.2d 553 (1973) (no error in denial of motion for mistrial where one juror admitted reading headline of newspaper article, headline itself…
• Williamson v. Tucker, 645 F.2d 404 (5th Cir. 1981)
  …t. 548, 553, 19 L.Ed.2d 564 (1967); Howey, supra, 328 U.S. at 298, 66 S.Ct. at 1102. A broad definition of “solely” was developed in Securities & Exchange Commission v. Glenn W. Turner Enterprises, Inc., 474 F. 2d 476 (9th Cir. 1973), cert. denied, 414 U.S. 821, 94 S.Ct. 117, 38 L.Ed.2d 53 (1973) (appeal from the granting of a preliminary injunction sought by the S.E.C.). There the Court of Appeals for the Ninth Circuit was faced with a pyramid franchise scheme which depended for its success on the efforts…