Legal Opinion
Magyery v. Transamerica Financial Advisors, Inc.
District Court, N.D. Indiana
Decided April 16, 2004No. 3:03 CV 0777 ASPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
ALLEN SHARP, District Judge.
This cause is before the Court on the Defendant’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure Rule 12(b)(6), and the Plaintiffs’ Motion to Remand the action to State Court. Plaintiffs filed this litigation as a putative class action in state court under four state law theories: conversion; breach of contract; breach of fiduciary duty; and negligent supervision. The Defendants removed to federal court, alleging that Plaintiffs’ state law claims are completely preempted by the Securities Litigation Uniform Standards Act of 1998,…
2Cases cited23 opinions
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Beneficial National Bank v. AndersonSupreme Court of the United States · 2003
- Superintendent of Insurance of New York v. Bankers Life & Casualty Co.Supreme Court of the United States · 1971
- Mills v. Polar Molecular Corp.Court of Appeals for the Second Circuit · 1993
- Securities & Exchange Commission v. ZandfordSupreme Court of the United States · 2002
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3Cited by2 opinions
- Norman v. Salomon Smith Barney, Inc.District Court, S.D. New York · 2004
- Ongstad v. Piper Jaffray & Co.North Dakota Supreme Court · 2008