Legal Opinion

Rivers v. Rosenthal & Co.

Court of Appeals for the Fifth Circuit

Decided December 16, 1980No. 79-1313PublishedCited by 27 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

This appeal presents a single legal question: whether there exists an implied private right of action under the Commodity Exchange Act (“CEA”), 7 U.S.C. §§ 1-24, as revised in 1974, to redress commodity futures customers for damages sustained from their brokers’ violations of the anti-fraud provisions and broker registration requirements of that Act, 7 U.S.C. §§ 6b,1 6k,2 *777and the corresponding regulations, 17 C.F.R. §§ 32.3, 32.9 (1979).3 Relying upon such an implied right of action, as well as fraud and fiduciary violation grounds with which we are not here concerned,…

2Cases cited46 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  3. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  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 by27 opinions

  1. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
  2. Local Division 732, Amalgamated Transit Union v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals for the Eleventh Circuit · 1982
  3. Point Landing, Inc. v. Omni Capital International, Ltd.Court of Appeals for the Fifth Circuit · 1986
  4. The Montgomery Improvement Association, Inc. v. The United States Department of Housing and Urban DevelopmentCourt of Appeals for the Fifth Circuit · 1981
  5. Myron v. HauserCourt of Appeals for the Eighth Circuit · 1982

22 more not listed; retrieve them via the Exa API.

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