Legal Opinion
Fed. Sec. L. Rep. P 92,706 Barry Saxe v. E.F. Hutton & Company, Inc., Scott A. Howard and Hanger Associates, Inc.
Court of Appeals for the Second Circuit
Decided April 23, 1986No. 932, Docket 85-9048PublishedCited by 85 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
We are called upon to review the dismissal of an investor’s plea that certain investment advisors fraudulently lured him into the highly speculative area of commodities trading. Needless to say, this foray resulted in a financial disaster. Although the claim is all too familiar in the securities law context, here we consider it under the relatively unexplored anti-fraud provisions of the Commodities Exchange Act. Mindful of the Supreme Court’s admonition that a complaint should not be dismissed pursuant to Fed.R.Civ.P. 12(b)(6) unless it appears “beyond doubt…
2Cases cited12 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
- Goldman v. BeldenCourt of Appeals for the Second Circuit · 1985
- A. T. Brod & Co. v. Jack Perlow and Adele Perlow, Also Known as Adele WagnerCourt of Appeals for the Second Circuit · 1967
7 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Fed. Sec. L. Rep. P 94,768 Phil A. Street and Clyde H. Street v. J.C. Bradford & CompanyCourt of Appeals for the Sixth Circuit · 1990
- Allen v. Westpoint-Pepperell, Inc.Court of Appeals for the Second Circuit · 1991
- Charles Schwab Corp. v. Bank of America Corp.Court of Appeals for the Second Circuit · 2018
- Louis S. Caiola v. Citibank, N.A., New YorkCourt of Appeals for the Second Circuit · 2002
- Loginovskaya v. BatratchenkoCourt of Appeals for the Second Circuit · 2014
80 more not listed; retrieve them via the Exa API.