§Why CasetextPricing

Behrens et al v. JP Morgan Chase Bank N. A. et al

MEMORANDUM OF LAW in Opposition re: 228 MOTION to Dismiss Plaintiffs' Second Amended Complaint. Opposition to NFA Motion to Dismiss. Document

28 Cited authorities

  1. Merrill Lynch, Pierce, Fenner Smith v. Curran

    456 U.S. 353 (1982)   Cited 570 times
    Holding that congressional amendment of the Commodity Exchange Act that was silent on the subject of private judicial remedies did not overturn federal court decisions routinely and consistently recogniz[ing] an implied private cause of action"

  2. In re Merrill Lynch Ltd. Partnership Litigation

    154 F.3d 56 (2d Cir. 1998)   Cited 463 times
    Holding that plaintiffs were on inquiry notice as a matter of law where "disclosures in ... prospectuses and annual reports should have alerted ... investors that they had been misled"

  3. State of N.Y. v. Hendrickson Bros., Inc.

    840 F.2d 1065 (2d Cir. 1988)   Cited 361 times
    Holding that, in cases of fraudulent concealment, "the plaintiff may prove the concealment element by showing either that the defendant took affirmative steps to prevent the plaintiff's discovery of his claim or injury or that the wrong itself was of such a nature as to be self-concealing."

  4. Brawer v. Options Clearing Corp.

    484 U.S. 819 (1987)   Cited 60 times
    Holding that federal employee cannot file for damages against supervisor for an unconstitutional adverse personnel action, when Congress has provided adequate administrative remedy

  5. Powers v. British Vita, P.L.C.

    57 F.3d 176 (2d Cir. 1995)   Cited 135 times
    Holding that no loss causation exists when the market value of the stock falls due to nationwide economic recession

  6. In re Amaranth Natural Gas Commodities Litigation

    587 F. Supp. 2d 513 (S.D.N.Y. 2008)   Cited 88 times   2 Legal Analyses
    Holding that a complaint alleging manipulation of commodities prices must always satisfy the heightened standard of Rule 9(b) because “market manipulation is inherently deceptive”

  7. Battalla v. State of New York

    10 N.Y.2d 237 (N.Y. 1961)   Cited 264 times
    Holding that mental anguish standing alone could be compensated

  8. In re London Silver Fixing, Ltd.

    213 F. Supp. 3d 530 (S.D.N.Y. 2016)   Cited 43 times
    Holding that plaintiffs had adequately pleaded actual damages under the CEA by alleging that they "sold a particular quantity of silver futures on specifically identified dates when defendants are alleged to have artificially suppressed the fix price," and that "the effects of Defendants' manipulation persisted beyond the Fixing window"

  9. Bosco v. Serhant

    836 F.2d 271 (7th Cir. 1987)   Cited 71 times
    Finding that section 13, like in criminal law, "requires not only knowledge of the principal's objective but a desire to help him attain it"

  10. CSAM Capital, Inc. v. Lauder

    67 A.D.3d 149 (N.Y. App. Div. 2009)   Cited 32 times

    No. 128. September 22, 2009. APPEAL from an order of the Supreme Court, New York County (Herman Cahn, J.), entered January 25, 2008. The order granted the petition and dismissed the arbitration proceeding commenced by respondents. CSAM Capital, Inc. v Lauder, 2008 NY Slip Op 30209(U), reversed. Daniel R. Solin, New York City, and Cohen Kinne Valicenti Cook LLP, Pittsfield, Massachusetts ( Kevin M. Kinne and David E. Valicenti of counsel), for appellants. Manatt, Phelps Phillips, LLP, New York City

  11. Section 1 - Short title

    7 U.S.C. § 1   Cited 945 times   34 Legal Analyses
    Defining an FCM as, among other things and in pertinent part, an entity that is "engaged in soliciting or in accepting orders for the purchase or sale of a commodity for future delivery" or is registered as an FCM

  12. Section 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

    7 U.S.C. § 2   Cited 511 times   54 Legal Analyses
    Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

  13. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 278 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA

  14. Section 6 - Regulation of futures trading and foreign transactions

    7 U.S.C. § 6   Cited 264 times   12 Legal Analyses
    Prohibiting futures trades outside contract markets

  15. Section 13 - Violations generally; punishment; costs of prosecution

    7 U.S.C. § 13   Cited 261 times   12 Legal Analyses
    Pertaining to punishment for violations of the Commodity Exchange Act

  16. Section 17 - Separability

    7 U.S.C. § 17   Cited 72 times   2 Legal Analyses

    If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. 7 U.S.C. § 17 Sept. 21, 1922, ch. 369, §10, 42 Stat. 1003.

  17. Section 21 - Registered futures associations

    7 U.S.C. § 21   Cited 41 times   1 Legal Analyses
    Stating that decisions of the Commodity Futures Trading Commission are reviewed by filing a petition in a court of appeals

  18. Section 22 - Research and information programs; reports to Congress

    7 U.S.C. § 22   Cited 5 times

    (a) The Commission shall establish and maintain, as part of its ongoing operations, research and information programs to (1) determine the feasibility of trading by computer, and the expanded use of modern information system technology, electronic data processing, and modern communication systems by commodity exchanges, boards of trade, and by the Commission itself for purposes of improving, strengthening, facilitating, or regulating futures trading operations; (2) assist in the development of educational

  19. Section 4.14 - Exemption from registration as a commodity trading advisor

    17 C.F.R. § 4.14   Cited 160 times   2 Legal Analyses

    This section is organized as follows: Paragraph (a) of this section specifies the criteria that must be met to qualify for exemption from registration under this section, including the notice of exemption from registration and continuing obligations of persons who have claimed exemption under paragraph (a)(8) of this section; paragraph (b) of this section concerns "cash market transactions"; and paragraph (c) of this section specifies the effect of registration on a person who has claimed an exemption

  20. Section 1.3 - Definitions

    17 C.F.R. § 1.3   Cited 153 times   23 Legal Analyses
    Requiring guarantee to conform to Form 1-FR

  21. Section 4.15 - Continued applicability of antifraud section

    17 C.F.R. § 4.15   Cited 2 times

    The provisions of section 4o of the Act shall apply to any person even though such person is exempt from registration under this part 4, and it shall continue to be unlawful for any such person to violate section 4o of the Act. 17 C.F.R. §4.15 50 FR 15884, Apr. 23, 1985