Legal Opinion
Delay v. Rosenthal Collins Group, LLC
Court of Appeals for the Sixth Circuit
Decided October 27, 2009No. 08-4557PublishedCited by 333 opinions
1Opinion of the Court
OPINION
KETHLEDGE, Circuit Judge.
Todd Delay filed this suit against his former employer, Rosenthal Collins Group, LLC (RCG), seeking indemnification for legal expenses incurred in successfully defending a prior suit brought against him under the Commodities Exchange Act (CEA), 7 U.S.C. § 1 et seq. The district court dismissed Delay’s claim, finding it preempted by federal law. We respectfully disagree, and thus vacate and remand.
I
According to Delay’s complaint, RCG is a “futures commission merchant,” see 7 U.S.C. § la(20), operating numerous trading desks on the floor of the Chicago Board of…
2Cases cited20 opinions
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- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- Carden v. Arkoma AssociatesSupreme Court of the United States · 1990
- Morris Johnson, Jr. v. Columbia Properties Anchorage, Lp, Morris Johnson, Jr. v. Columbia Properties Anchorage, LpCourt of Appeals for the Ninth Circuit · 2006
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3Cited by333 opinions
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- V & M STAR, LP v. Centimark Corp.Court of Appeals for the Sixth Circuit · 2010
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