Joslyn v. Joslyn

allowing recovery of unrealized profits “where the jury finds that with full disclosure [the plaintiff] would have retained [the stock] until the higher price gained by the wrongdoer was reached.” | "Rescission calls for cancellation of the bargain, and the return of the parties to the status quo ante ; ... (b | the liability of controlling persons “is governed neither by principles of agency nor conspiracy.” Id. at 738 | “[T]here is no duty to disclose information to one who reasonably should already be aware of it.” | jury instructed to consider before determining damages whether upon full disclosure plaintiffs would have still sold but at a higher price or would have retained stock | Section 20(a) requires “only some indirect means of discipline or influence short of actual direction to hold a ‘controlling person’ liable,” meaning that “ ‘control’ under the Act does not require knowledge of the specific wrongdoing” | respondeat superior available in Third Circuit under facts of case | defendant need have no knowledge of specific wrongdoing | rescission for contracts in violation of section 10(b) | difficulty in ascertaining actual value