BOEING CO.
v.
VAN GEMERT ET AL.

U.S. | 1979-05-14
No. 78-1327
441 U.S. 942 Supreme Court of the United States (1979) Positive Treatment
Cited by 15 cases

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Cited By (15 total)

  • Chiarella v. United States, 445 U.S. 222 (U.S. 1980)
    …b-5.3 After petitioner unsuccessfully moved to dismiss the indictment,4 he was brought to trial and convicted on all counts. The Court of Appeals for the Second Circuit affirmed petitioner’s conviction. 588 F. 2d 1358 (1978). We granted certiorari, 441 U. S. 942 (1979), and we now reverse. II Section 10 (b) of the 1934 Act, 48 Stat. 891, 15 U. S. C. § 78j, prohibits the use “in connection with the purchase or sale of any security . . . [of] any manipulative or deceptive device or contrivance in contravent…
  • …he pleadings were considered. [*241] The Court of Appeals concluded that the appropriate designation of the dismissal was for lack of subject-matter jurisdiction under Rule 12 (b)(1), and affirmed the dismissal on that basis. We granted certiorari. 441 U. S. 942. II A The broad authority of Congress under the Commerce Clause has, of course, long been interpreted to extend beyond activities actually in interstate commerce to reach other activities that, while wholly local in nature, nevertheless substanti…
  • Boeing Co. v. VAN Gemert, 444 U.S. 472 (U.S. 1980)
    …onsistent with the American rule. It noted that lawyers for the class would receive their fees “from the amount for which Boeing has already been held liable. There is no 'surcharge’ on the defeated litigant.” Id., at 441-442. We granted certiorari, 441 U. S. 942 (1979), and we now affirm. II Since the decisions in Trustees v. Greenough, 105 U. S. 527 (1882), and Central Railroad & Banking Co. v. Pettus, 113 U. S. 116 (1885), this Court has recognized consistently that a litigant or a lawyer who recovers a…

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