PENNSYLVANIA

v.

MACDONALD

Citator

Cited By (77 total)

• Basic Inc. v. Levinson, 485 U.S. 224 (U.S. 1988)
  …ited to commence — and even less equipped to control as it proceeds. As a result, I must respectfully dissent. The earliest Court of Appeals case adopting this theory cited by the Court is Blackie v. Barrack, 524 F. 2d 891 (CA9 1975), cert. denied, 429 U. S. 816 (1976). Moreover, widespread acceptance of the fraud-on-themarket [*251] theory in the Courts of Appeals cannot be placed any earlier than five or six years ago. See ante, at 246-247, n. 24; Brief for Securities and Exchange Commission as Amicus Cur…

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• Smith v. Illinois, 469 U.S. 91 (U.S. 1984)
  …nd”). Some courts have held that all questioning must cease upon any request for or reference to counsel, however equivocal or ambiguous. See, e. g., People v. Superior Court, 15 Cal. 3d 729, 735-736, 542 P. 2d 1390, 1394-1395 (1975), cert. denied, 429 U. S. 816 (1976); Ochoa v. State, 573 S. W. 2d 796, 800-801 (Tex. Crim. App. 1978). Others have attempted to define a threshold standard of clarity for such requests, and have held that requests falling below this threshold do not trigger the right to couns…
• Randall v. Loftsgaarden, 478 U.S. 647 (U.S. 1986)
  …g., Blackie v. Barrack, 524 F. 2d 891, 909 (CA9 1975) (“While out of pocket loss is the ordinary standard in a 10b-5 suit, it is within the discretion of the district judge in appropriate circumstances to apply a rescissory measure”), cert. denied, 429 U. S. 816 (1976). Respondents do not dispute that rescission or a rescissory measure of damages may sometimes be appropriate under § 10(b), nor do they dispute that in this case a rescissory recovery is appropriate on petitioners’ § 10(b) claims as well as o…