Legal Opinion
Appert v. Morgan Stanley Dean Witter, Inc.
Court of Appeals for the Seventh Circuit
Decided March 8, 2012No. 11-1095PublishedCited by 94 opinions
1Opinion of the Court
TINDER, Circuit Judge.
Morgan Stanley entered into agreements with its customers that set a fee for handling, postage, and insurance (HPI) for mailing trade confirmation slips after each purchase or sale of securities. Plaintiff, Susan Appert, filed this breach of contract action in state court seeking class certification and recovery of these fees charged to customers from 1998 through the present. Morgan Stanley removed the action to federal court asserting jurisdiction pursuant to the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. § 1382(d), or alternatively, the Securities Litigation…
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