Legal Opinion
Leib v. Merrill Lynch, Pierce, Fenner & Smith
District Court, E.D. Michigan
Decided October 30, 1978No. Civ. A. 5-71591PublishedCited by 79 opinions
1Opinion of the Court
OPINION
FEIKENS, District Judge.
I. INTRODUCTION
In August 1975 Sheldon Leib (Leib, also hereinafter designated as plaintiff) with his brother Joel Leib, as trustee, brought suit against Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) and John Kulhavi (Kulhavi), a stockbroker employed by Merrill Lynch, alleging as his first claim that these defendants “churned” his securities account. Plaintiff also submitted a second claim — that Kulhavi had breached his fiduciary duty by allowing Leib to pursue a course of heavy trading which could not possibly have resulted in a profit. Tied to…
2Cases cited15 opinions
- Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
- Richardson v. ShawSupreme Court of the United States · 1908
- Bertha Hecht, and v. Harris, Upham & Co., a Partnership, Harris, Upham & Co., Inc., a Corporation, AndCourt of Appeals for the Ninth Circuit · 1970
- Abram Chasins v. Smith, Barney & Co., Inc.Court of Appeals for the Second Circuit · 1971
- Moscarelli v. StammDistrict Court, E.D. New York · 1968
10 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Holmes v. GrubmanCourt of Appeals for the Second Circuit · 2009
- Paine, Webber, Jackson & Curtis, Inc. v. AdamsSupreme Court of Colorado · 1986
- McAdam v. Dean Witter Reynolds, Inc.Court of Appeals for the Third Circuit · 1990
- Patsos v. First Albany Corp.Massachusetts Supreme Judicial Court · 2001
- Hand v. Dean Witter Reynolds Inc.Court of Appeals of Texas · 1994
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