FOSTER v. WILSON

Nos. 05-56424, 05-56743.

504 F.3d 1046 (2007)

Scott FOSTER; Neil Tremblay; Glenn Foley, Plaintiffs-Appellants, v. Peter WILSON, Defendant-Appellee. Scott Foster; Neil Tremblay; Glenn Foley; and Willenken Wilson Loh & Lieb LLP, Plaintiffs-Appellants, v. Peter Wilson, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 5, 2007.


Attorney(s) appearing for the Case

William A. Delgado and Jason H. Wilson, Willenken Wilson Loh & Lieb LLP, Los Angeles, CA, for appellants Scott Foster, Neil Tremblay, and Glenn Foley in Case No. 05-56424.

Shaun P. Martin, University of San Diego Law School, San Diego, CA, for appellants Scott Foster, Neil Tremblay, and Glenn Foley and Willenken Wilson Loh & Lieb LLP in Case No. 05-56743.

Rick Augustini, Law Office of Rick Augustini, Irvine, CA, for appellee Peter Wilson in both cases.

Before: DANIEL M. FRIEDMAN, ALEX KOZINSKI, and RONALD M. GOULD, Circuit Judges.


FRIEDMAN, Circuit Judge:

The principal issue is whether the district court correctly dismissed, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief could be granted, a complaint alleging federal securities fraud. We affirm that dismissal, but reverse the district court's imposition of monetary sanctions against the appellants and their attorney.

The issues were presented in two separate appeals which...

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