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OLAGUES v. ICAHN

Docket Nos. 16-1255-cv, 16-1259-cv, 16-1261-cv August Term, 2016.

866 F.3d 70 (2017)

John OLAGUES, Plaintiff-Appellant, v. Carl C. ICAHN, High River Limited Partnership, Icahn Partners LP, Icahn Partners Master Fund LP, Icahn Partners Master Fund II LP, Icahn Partners Master Fund III LP, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 3, 2017.

Attorney(s) appearing for the Case

JACK G. FRUCHTER ( Mitchell M.Z. Twersky , Cassandra Porsch , on the brief), Abraham Fruchter & Twersky, LLP, New York, NY, for Plaintiff-Appellant.

HERBERT BEIGEL ( Robert R. Viducich , Law Office of Robert R. Viducich, New York, NY, on the brief), Law Offices of Herbert Beigel, Tucson, AZ, for Defendants-Appellees.

Before: CALABRESI, CABRANES, and LOHIER, Circuit Judges.

John Olagues, a shareholder in three public companies — Herbalife, Ltd., Hologic Inc., and Nuance Communications, Inc. (together, the "Companies") — seeks disgorgement of "short-swing" profits under Section 16(b) of the Securities Exchange Act of 1934 from investment entities controlled by Carl C. Icahn (together...

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