LEVY v. STERLING HOLDING CO., LLC

No. 07-1849.

544 F.3d 493 (2008)

Mark LEVY, Appellant v. STERLING HOLDING COMPANY, LLC; National Semiconductor Corporation; Fairchild Semiconductor International, Inc.

United States Court of Appeals, Third Circuit.

Filed: October 1, 2008.


Attorney(s) appearing for the Case

Jeffrey S. Abraham, Esq. [Argued], Abraham, Fruchter & Twersky, New York, NY, for Plaintiff-Appellant Mark Levy.

Carolyn H. Feeney, Esq., Steven B. Feirson, Esq. [Argued], Philadelphia, PA, for Defendant-Appellee Sterling Holding Company, LLC.

Paul Vizcarrondo, Jr., Esq., Wachtell, Lipton, Rosen & Katz, New York, NY, for Defendant-Appellee National Semiconductor Corporation.

Megan W. Casio, Esq., Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Defendant-Non-Participating Fairchild Semiconductor International, Inc.

Allan A. Capute, Esq. [Argued], Securities & Exchange Commission, Washington, DC, for Securities and Exchange Commission Amicus Appellee.

Before: McKEE, RENDELL, and TASHIMA, Circuit Judges.


OPINION OF THE COURT

RENDELL, Circuit Judge.

Mark Levy filed a shareholder derivative suit on behalf of Fairchild Semiconductor International, Inc. ("Fairchild") against Sterling Holding Company, LLC ("Sterling") and National Semiconductor Corporation ("National") for disgorgement of short-swing profits, pursuant to section 16(b) of the Exchange Act of 1934. National and Sterling contend that two separate SEC Rules...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases