092032P.pdf   06/17/2010  Gerald L. Trooien  v.  Peter Mansour
   U.S. Court of Appeals Case No:  09-2032
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Murphy, Author, with Riley, Chief Judge, and John R.
   Gibson, Circuit Judge]
   Civil case - Securities. In action alleging defendants violated
   Minnesota securities laws and breached their fiduciary duties when they
   persuaded plaintiff to invest in their software firm by making
   misrepresentations about their future revenue, sales contracts and a
   possible buyout, the district court erred in interpreting the Minnesota
   securities law by not applying a negligence standard in analyzing
   plaintiff's claims, and the state securities claims must be remanded for
   further proceedings under the proper standard; with respect to plaintiff's
   claims that defendant's actions constituted fraudulent and negligent
   misrepresentations, the district court did not err in granting defendants
   summary judgment as the statements did not qualify as
   misrepresentations or false information under Minnesota law; with
   respect to plaintiff's breach of fiduciary duty, plaintiff failed to show
   defendants engaged in intentional misconduct or knowingly violated a
   duty, and the district court did not err in granting defendants summary
   judgment. Chief Judge Riley, concurring in part and dissenting in part.