Legal Opinion
Whistler Investment, Inc. v. Depository Trust & Clearing Corp.
Court of Appeals for the Ninth Circuit
Decided August 22, 2008No. 06-16088PublishedCited by 31 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
This case requires us to consider whether the Securities Exchange Act of 1934 preempts state-law claims against registered clearing agencies in connection with their clearance and settlement services, where those services were performed pursuant to a program approved of by the Securities and Exchange Commission. Although we conclude that the state law claims asserted here were not precluded by field preemption, we hold the claims were barred by conflict preemption. We therefore affirm the judgment of the district court.
I
Whistler Investments, Inc., Salim S. Rana…
2Cases cited9 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
- Crosby v. National Foreign Trade CouncilSupreme Court of the United States · 2000
- Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Learjet, Inc. v. Oneok, Inc.Court of Appeals for the Ninth Circuit · 2013
- Pet Quarters, Inc. v. Depository Trust & Clearing Corp.Court of Appeals for the Eighth Circuit · 2009
- Cohen v. StevanovichDistrict Court, S.D. New York · 2010
- Chinatown Neighborhood Ass'n v. HarrisDistrict Court, N.D. California · 2014
- In re: Marshall L. Rader and Barbara J. RaderUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
26 more not listed; retrieve them via the Exa API.