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O'BRIEN v. ALEXANDER

No. 1504, Docket 95-7976.

101 F.3d 1479 (1996)

David J. O'BRIEN, Plaintiff-Appellant, v. Norman E. ALEXANDER; Stuart Z. Krinsly; Gerald S. Gutterman; John J. Quicke; Ellen T. Harmon; Schulte Roth & Zabel; David Brodsky; Chaye Zuckerman Shapot; Sequa Corporation; Sequa Capital Corporation; John Does 1-5, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 12, 1996.

Attorney(s) appearing for the Case

Charles B. Manuel, Jr., New York City, for Plaintiff-Appellant.

Jonathan Taylor, New York City (David M. Brodsky, Brooks R. Burdette, Schulte Roth & Zabel, New York City, of counsel), for Defendants-Appellees.

Before: MESKILL, CARDAMONE, and MINER Circuit Judges.

CARDAMONE, Circuit Judge:

After two corporations voluntarily withdrew and dismissed their suit for fraud and racketeering against plaintiff, he sued them under ten different tort theories seeking damages of $346 million. The district court dismissed plaintiff's complaint for failure to state a cause of action and sanctioned plaintiff's counsel under Rule 11 for statements he made in oral argument. Because none of the tort theories states a claim, we affirm dismissal...

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