Legal Opinion
Poncy v. Shearson Lehman Bros., Inc.
District Court of Appeal of Florida
Decided September 27, 1989No. 88-0271PublishedCited by 1 opinion
1Per curiam
This is an appeal from the dismissal of a complaint because of the lack of state jurisdiction over the claims. At issue on appeal is whether the Commodity Exchange Act (CEA) preempts the Poncys’ common law and statutory actions. We hold that it does not.
The Poncys filed a complaint against Shearson and two of its employees, seeking damages based on common law negligence, common law breach of fiduciary duty and violations of section 517.301, Florida Statutes, an anti-fraud statute. Shearson moved for judgment on the pleadings on the grounds that the trial court lacked subject matter…
2Cases cited8 opinions
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
- Jerry J. Kerr v. First Commodity Corporation of BostonCourt of Appeals for the First Circuit · 1984
- Rupert v. Clayton Brokerage Co. of St. LouisSupreme Court of Colorado · 1987
- W. Floyd Messer, Sr., Individually v. E.F. Hutton & Co., a Delaware Corporation, Raphael M. Kelly, Individually, Henry Herschaft, IndividuallyCourt of Appeals for the Eleventh Circuit · 1988
- Sol Kotz and Kolar, Inc. v. Bache Halsey Stuart, Inc.Court of Appeals for the Ninth Circuit · 1982
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3Cited by1 opinion
- Eastern Vanguard Forex Ltd. v. Arizona Corp. CommissionCourt of Appeals of Arizona · 2003