Wahba v. New York University

How later courts describe this case

• noting that “burying the facts, or giving them less than significant emphasis” in a proxy statement can deprive shareholders of “full and honest disclosure”
• allowing a shareholder of a corporation which merged with another corporation to bring suit against the two corporations under § 14(e)
• for Rule 10b-5 purposes, merged corporation's shareholders sold their shares in that corporation and purchased shares in acquiring corporation
• “Certainly, it is essential that the recipients of a proxy statement know that a director’s recommendation contained therein is not completely disinterested.”
• Fourteenth Amendment due process violation "comes within Bivens' sweeping approbation of constitutionally-based causes of action."
• "Whether or not the jury misunderstood the charge of the court is not a question to be reexamined after the verdict has been rendered."
• in reviewing district court’s decision, court of appeals not restricted to grounds relied on by lower court
• private university’s administration of public health service grants pursuant to statute does not make the university a federal actor