Reported Cases

Mr. Clary’s admission to the Supreme Court of the United States in 1990 was occasioned by the filing there of a petition for writ of certiori in the landmark case of Hocking v. Dubois, 885 F.2d 1449 (9th Cir. 1989), cert. denied 494 U.S. 1078 (1990), a case in which, Mr. Clary distinguished himself as a securities lawyer in the U.S. Court of Appeals for the Ninth Circuit, where, as attorney for the plaintiff, he won the appeal there in a 2-1 decision by the initial panel and then in a 6-5 decision after a subsequent en banc rehearing. The case established and still stands for liberalized standards in the Ninth Circuit for the definition of “securities,” which the U.S. Supreme Court declined to review.

Later, Mr. Clary won a case of “first impression” in the Supreme Court of Nevada in Schwartz v. Wasserburger, 117 Nev. 703, 30 P.3d 1114 (2001, where the Nevada Supreme Court, reversing a lower court decision, established that Nevada’s 6-year statute of limitations for written contracts runs from the “actual breach” rather than the “anticipatory breach.”