Legal Opinion
American Equity Investment Life Insurance v. Securities & Exchange Commission
Court of Appeals for the D.C. Circuit
Decided July 21, 2009No. Nos. 09-1021, 09-1056PublishedCited by 35 opinions
1Opinion of the Court
Opinion for the Court filed by Chief Judge SENTELLE.
SENTELLE, Chief Judge:
The Securities Act of 1933, 15 U.S.C. §§ 77a et seq. (the Act), exempts from federal regulation annuity contracts issued by a corporation subject to regulation by state insurance laws. Petitioners seek review of a rule promulgated by the Securities and Exchange Commission (SEC or Commission) stating that fixed indexed annuities (FIAs) are not annuity contracts within the meaning of the Act. As a result of this new rule, FIAs are subject to the full panoply of requirements set forth by the Act, instead of being subject…
2Cases cited9 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
- Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
- Sugar Cane Growers Cooperative of Florida v. VenemanCourt of Appeals for the D.C. Circuit · 2002
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3Cited by35 opinions
- Guedes v. Bureau of Alcohol, Tobacco, FirearmsCourt of Appeals for the D.C. Circuit · 2019
- Chamber of Commerce of the U.S. v. U.S. Dep't of LaborCourt of Appeals for the Fifth Circuit · 2018
- Flaherty v. BrysonDistrict Court, District of Columbia · 2012
- Business Roundtable v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2011
- Van Dyke v. WhiteIllinois Supreme Court · 2019
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