Blue Chip Stamps v. Manor Drug Stores
Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723 (1975), was a decision by the United States Supreme Court, which ruled that only those suffering direct loss from the purchase or sale of stock had standing to sue under federal securities law. The Court noted that under the Securities Exchange Act of 1934, derivative investors are considered buyers or sellers of securities for application of SEC Rule 10b-5.[1]
| Blue Chip Stamps v. Manor Drug Stores | |
|---|---|
 | |
| Argued March 24, 1975 Decided June 9, 1975 | |
| Full case name | Blue Chip Stamps v. Manor Drug Stores |
| Citations | 421 U.S. 723 (more) 95 S. Ct. 1917; 44 L. Ed. 2d 539 |
| Case history | |
| Prior | Certiorari to the United States Court of Appeals for the Ninth Circuit |
| Holding | |
| A private damages action under Rule 10b-5 is confined to actual purchasers or sellers of securities and the Birnbaum rule bars respondent from maintaining this suit. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by Burger, Stewart, White, Marshall, Powell |
| Concurrence | Powell, joined by Stewart, Marshall |
| Dissent | Blackmun, joined by Douglas, Brennan |
| Laws applied | |
| Securities Act of 1933, 48 Stat. 74, as amended, 15 U.S.C. 77a et seq. | |
Further reading
- Hawkins, C. (1975). "Standing to Sue for Violations of the Federal Securities Laws—the Birnbaum Doctrine". Arkansas Law Review. 29: 538. ISSN 0004-1831.
- Mullaney, Thomas J. (1977). "Theories of Measuring Damages in Security Cases and the Effects of Damages on Liability". Fordham Law Review. 46: 277. ISSN 0015-704X.
References
- Webber, David H. (2012). "The Plight of the Individual Investor". Northwestern University Law Review. 106: 183–84. Retrieved 21 November 2019.
External links
- Text of Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723 (1975) is available from: Justia Library of Congress Oyez (oral argument audio)
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