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LEVY v. SOUTHBROOK INTERN. INVESTMENTS, LTD.

No. 00-7630.

263 F.3d 10 (2001)

Mark LEVY, Derivatively on behalf of Immunogen Inc., Plaintiff-Appellant, v. SOUTHBROOK INTERNATIONAL INVESTMENTS, LTD., Defendant-Appellee. and Immunogen, Inc., Nominal-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 23, 2001.

Attorney(s) appearing for the Case

Jeffrey S. Abraham, Law Office of Jeffrey S. Abraham, New York, NY, for Appellant.

Herbert Teitelbaum, Peter Sapanoff, Noah Weissman, Robinson Silverman Pearce Aronsohn & Berman LLP, New York, NY, for Appellee.

Allan A. Capute, Eric Summergrad, Meyer Eisenberg, David M. Becker, General Counsel, for the Securities and Exchange Commission, Amicus Curiae.

Before: FEINBERG, PARKER, Circuit Judges, and COVELLO, District Judge.

PARKER, Circuit Judge:

Plaintiff-Appellant, Mark Levy ("Levy"), is a shareholder of ImmunoGen, Inc ("ImmunoGen"). He brings this shareholder derivative action alleging that defendant, Southbrook International Investment, Ltd. ("Southbrook"), by virtue of its ownership of ImmunoGen convertible preferred shares, is a more than 10% beneficial owner of ImmunoGen common stock and realized short swing profits through the purchase and sale of ImmunoGen stock within a six...

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