Quimbee logo
DMCA.com Protection Status
From our private database of 16,400+ case briefs...

Long Island Lighting Company v. Barbash

United States Court of Appeals for the Second Circuit
779 F.2d 793 (2d Cir. 1985)


Matthews (defendant) launched a proxy contest for control of Long Island Lighting Company (LILCO) (plaintiff) to urge public ownership of the utility. Matthews acquired sufficient shares of LILCO to demand a special shareholders’ meeting to consider his proposal. Matthews’s supporters published a newspaper ad. The ad accused LILCO of mismanagement and passing through the unnecessary construction costs of a nuclear power plant to consumers, and it asked for support for a campaign to have the public power authority acquire LILCO. LILCO alleged that the ad was unlawful, because it constituted a proxy solicitation without the filing of a proxy statement, as required by the Securities and Exchange Commission (SEC), and that the ad was false and misleading. LILCO sought to enjoin any more solicitation of shareholders until the false statements were corrected and an appropriate SEC filing had been made. The discovery was abbreviated. The district court held that the ad did not constitute a proxy solicitation, because it appeared in a general publication and could only indirectly affect the proxy contest at LILCO.

Rule of Law


Holding and Reasoning (Cardamone, J.)

Dissent (Winter, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 374,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,400 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial