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MILLER v. THANE INTERN., INC.

No. 05-56043.

508 F.3d 910 (2007)

Howard MILLER, on behalf of himself and all others similarly situated; Joseph J. Milkowski, Plaintiffs-Appellants, v. THANE INTERNATIONAL, INC.; William F. Hay; Denise DuBarry-Hay; Kevin J. McKeon; Mark Taylor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 26, 2007.

Attorney(s) appearing for the Case

Joel C. Feffer and Daniella Quitt, Wechsler Harwood LLP, New York, NY, and Lionel Z. Glancy and Peter A. Binkow, Glancy Binkow & Goldberg LLP, Los Angeles, CA, for the plaintiffs-appellants.

Daniel J. Tyukody and Michael C. Tu, Orrick, Herrington & Sutcliffe LLP, Los Angeles, CA, for the defendants-appellees.

Before: BARRY G. SILVERMAN, KIM McLANE WARDLAW, and JAY S. BYBEE, Circuit Judges.

WARDLAW, Circuit Judge:

Class plaintiffs appeal the district court's judgment, following a bench trial, in favor of Thane International, Inc. and its officers and directors (collectively, "Thane International") on plaintiffs' action brought under Section 12(a)(2) of the Securities Act of 1933 (the "Act"), 15 U.S.C. § 77l (a)(2) and under Section 15 of the Act, 15 U.S.C. § 77o, alleging control person liability against individual defendants...

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