Legal Opinion
Point Landing, Inc. v. Omni Capital International, Ltd.
Court of Appeals for the Fifth Circuit
Decided July 25, 1986No. 84-3445PublishedCited by 23 opinions
1Per curiam
This appeal presents two important issues. First, does the Commodity Exchange Act (“CEA”) provide an exclusive cause of action arising out of the commodities futures transactions the plaintiffs engaged in here, preempting claims under federal securities laws? Our answer must be “Yes”. The second question arises because of the absence of any provision in the CEA for nationwide service of process such as that which is explicitly stated in the Securities Exchange Act of 1934 (“1934 Act”). In this federal question case must personal jurisdiction1 be obtained in accordance with Federal Rule of…
2Cases cited27 opinions
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
- Wells Fargo & Co. v. Wells Fargo Express Co.Court of Appeals for the Ninth Circuit · 1977
- United States v. Little Lake Misere Land Co.Supreme Court of the United States · 1973
22 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mwani, Odilla Mutaka v. Bin Ladin, UsamaCourt of Appeals for the D.C. Circuit · 2005
- Arthur Lisak v. Mercantile Bancorp, Inc.Court of Appeals for the Seventh Circuit · 1987
- Matias Aviles v. Donald Kunkle, D/b/a, Kunkle Farms, and Richard KunkleCourt of Appeals for the Fifth Circuit · 1992
- Petroleum Helicopters, Inc. v. Avco CorporationCourt of Appeals for the Fifth Circuit · 1987
- Paradise Holdings, Inc. v. Paradise Holdings, Inc.Court of Appeals for the Ninth Circuit · 1986
18 more not listed; retrieve them via the Exa API.