ETF International Associates, Inc. v. American Stock Exchange LLC

We agree with the motion court that the parties’ consulting agreement, specifically schedule C to the second amendment to the agreement, precludes plaintiff’s claim for entitlement to compensation arising out of exchange-traded funds (ETFs) sponsored by nonparty ProFunds Advisors LLC, an investment advisory firm, listed and traded on the American Stock Exchange (AMEX) that were not included in schedule C. That schedule contains a complete and specific listing of the ProFunds-sponsored ETFs for which plaintiff was entitled to compensation, in the event they (or their successors) were listed…