Robert Joseph Kelly's Legal Cases (12)

Litigation

Representation of Accounting Firm

Jan 01, 1985

OUTCOME:

Represented accounting firm in malpractice action involving claims that defendants violated federal securities laws. Successfully obtained summary judgment in favor of defendant on the grounds that the ... sale of 50% of the stock of the company at issue was a "sale of business" rather than the sale of a "security" under federal law. The Third Circuit Court of Appeals reversed, rejecting the "sale of business" doctrine, and the United States Supreme Court granted certiorari to resolve a dispute between circuits on the issue. The Court affirmed the Third Circuit, holding that the stock constituted a "security" even if it effectively constituted a "sale of the business." Gould v. Ruefenacht, 737 F.2d 320 (3d Cir.), aff'd, 471 U.S. 701 (1985).

Litigation

Representation of Red Bank Board of Education

Jan 01, 1981

OUTCOME:

Represented Red Bank Board of Education in suit filed in United States District Court for the District of New Jersey by teacher claiming that tenure charges based upon her public statements at a Board ... meeting constituted a violation of her First and Fourteenth Amendment rights. Prevailed in the District Court on a Motion to Dismiss, the District Court ruling that it would abstain in favor of the pending state tenure proceedings. Holding that abstention doctrine applies to both pending state administrative as well as judicial proceedings, the Third Circuit Court of Appeals held that abstention was proper and remanded the case to the District Court to retain jurisdiction pending completion of the tenure proceedings. Williams v. Red Bank Bd. of Ed., 502 F. Supp. 1366 (D.N.J. 1980), vacated and remanded, 662 F.2d 1008 (3d Cir. 1981).

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