Legal Opinion
Michael G. Gilman v. Bhc Securities, Inc.
Court of Appeals for the Second Circuit
Decided January 17, 1997No. 1616, Docket 95-9290PublishedCited by 136 opinions
1Opinion of the Court
JACOBS, Circuit Judge:
This putative class action for breach of contract and breach of fiduciary duty in the sale of securities was commenced by plaintiff Michael G. Gilman in New York State Supreme Court (New York County) and was removed, on the basis of diversity jurisdiction, to the United States District Court for the Southern District of New York by defendant BHC Securities, Inc. (“BHC”). BHC moved in federal court to dismiss the action on the grounds that (1) Gilman’s claims were preempted by federal law; and (2) there was no contractual or fiduciary relationship between BHC and Gilman.…
2Cases cited41 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
- Snyder v. HarrisSupreme Court of the United States · 1969
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
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3Cited by136 opinions
- Gibson v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 2001
- In Re Brand Name Prescription Drugs Antitrust Litigation. Appeals of Robert A. HugginsCourt of Appeals for the Seventh Circuit · 1997
- Martin v. Franklin Capital Corp.Court of Appeals for the Tenth Circuit · 2001
- Mehlenbacher v. Akzo Nobel Salt, Inc.Court of Appeals for the Second Circuit · 2000
- In Re Ford Motor Company Citibank South Dakota)Court of Appeals for the Ninth Circuit · 2001
131 more not listed; retrieve them via the Exa API.