Legal Opinion

Alken v. Lerner

District Court, D. New Jersey

Decided February 22, 1980No. Civ. A. 79-0023PublishedCited by 15 opinions

1Opinion of the Court

OPINION

GERRY, District Judge.

This is an action for violations of the anti-fraud provisions of the Commodity Exchange Act (the “Act”), as amended by the Commodity Futures Trading Commission Act of 1974, 7 U.S.C. § 1 et seq., 1 and of common law fiduciary duties owed by professionals to a customer. In addition, plaintiff alleges that defendants acted negligently with respect to his commodity trading account with defendants. Jurisdiction is predicated upon 28 U.S.C. § 1331. Defendants now move, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, for judgment on the pleadings,…

2Cases cited47 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Cort v. AshSupreme Court of the United States · 1975
  3. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  4. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  5. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979

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3Cited by15 opinions

  1. SALCER, William Z., Appellant, v. MERRILL LYNCH, PIERCE, FENNER AND SMITH INC. and Fernando L. Kindler, AppelleesCourt of Appeals for the Third Circuit · 1982
  2. Rivers v. Rosenthal & Co.Court of Appeals for the Fifth Circuit · 1980
  3. Blue Ash Building & Loan Co. v. HahnOhio Court of Appeals · 1984
  4. Mullis v. Merrill Lynch, Pierce, Fenner and SmithDistrict Court, D. Nevada · 1980
  5. Witzel v. Chartered Systems Corp. of NYDistrict Court, D. Minnesota · 1980

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