Landy v. Federal Deposit Insurance

noting that an appellate court can properly take judicial notice of any matter of which any court of original jurisdiction may properly take notice | requiring proof that "the encouragement or assistance is a substantial factor in causing the resulting tort” | indicating that accountant liability turns on foreseeability of plaintiff’s reliance | stockholder free to initiate derivative action when receiver refuses to initiate suit necessary for protection of creditors | stockholder free to initiate derivative action when receiver refuses to initiate suit necessary for protection of creditors | discussion of only four alternatives sufficient as long as those alternatives are “sufficient to permit a reasoned choice” | defendant liable "to all those persons whom he should reasonably have foreseen would be injured by his misrepresentation" | defendant liable “to all those persons whom he should reasonably have foreseen would be injured by his misrepresentation” | an aider and abettor is liable if an independent wrong exists, he knew of the wrong, and substantial assistance was given in effecting it | an aider and abettor is liable if an independent wrong exists, he knew of the wrong, and substantial assistance was given in effecting it | judicial notice frequently taken of developments not of record in the application of mootness doctrine by appellate courts | a scheme deliberately calculated to manipulate market value of stock violates the securities laws | proof of “wrongful act” by primary wrongdoer suffices for first element | taking notice of the changing circumstances of the litigation itself | taking notice of the changing circumstances of the litigation itself | “NEPA’s ‘alternatives’ discussion is subject to a construction of reasonableness” | proof of “wrongful act” by primary wrongdoer suffices for first element | "independent wrong" instead of independent securities violation | “independent wrong” instead of independent securities violation