Legal Opinion
Van Alen v. Dominick & Dominick, Inc.
Court of Appeals for the Second Circuit
Decided August 15, 1977No. Nos. 1321, 1322, Dockets 77-7103, 77-7115PublishedCited by 45 opinions
1Opinion of the Court
OAKES, Circuit Judge:
“Churning” by a securities broker consists of causing excessive turnover in a customer’s account for the purpose of increasing the broker’s commissions.1 Appellant’s basic claim below was that her broker engaged in churning during the bear market of 1969-70, causing her trading losses of just under $600,000. Her complaint alleged violations of Securities and Exchange Commission Rule 10b-5 and of New York Stock Exchange (NYSE) rules and further alleged common law fraud. The United States District Court for the Southern District of New York, Lawrence W. Pierce, Judge,…
2Cases cited21 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
16 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Huddleston v. Herman & MacLeanCourt of Appeals for the Fifth Circuit · 1981
- Rolf v. Blyth, Eastman Dillon & Co.Court of Appeals for the Second Circuit · 1978
- United States v. Constantine T. KepreosCourt of Appeals for the First Circuit · 1985
- Rolf v. Blyth, Eastman Dillon & Co.Court of Appeals for the Second Circuit · 1978
- Savino v. EF Hutton & Co., Inc.District Court, S.D. New York · 1981
40 more not listed; retrieve them via the Exa API.