Legal Opinion

AER Advisors Inc. v. Fidelity Brokerage Svcs., LLC

Court of Appeals for the First Circuit

Decided April 17, 2019No. 18-1884PPublishedCited by 16 opinions

1Opinion of the Court

THOMPSON, Circuit Judge.

William and Peter Deutsch, father and son, together with their financial advisor, AER Advisors ("AER"), ask us to undo the district judge's decision dismissing their complaint against Fidelity Brokerage Services, LLC ("Fidelity") under Fed. R. Civ. P. 12(b)(6). 1 The judge had deemed Fidelity immune from suit here based on an immunity provision in the Bank Secrecy Act ("BSA"), 31 U.S.C. § 5318 (g)(3)(A) - a provision that says, most pertinently, that a "financial institution that makes a voluntary disclosure of any possible violation of law or regulation to a…

2Cases cited37 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
  3. Van Dusen v. BarrackSupreme Court of the United States · 1964
  4. Hanna v. PlumerSupreme Court of the United States · 1965
  5. Felder v. CaseySupreme Court of the United States · 1988

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3Cited by16 opinions

  1. Zell v. RicciCourt of Appeals for the First Circuit · 2020
  2. Ramon Hueso v. J.A. BarnhartCourt of Appeals for the Sixth Circuit · 2020
  3. Belmora LLC v. Bayer Consumer Care AGCourt of Appeals for the Fourth Circuit · 2021
  4. Emmanuel v. Handy Technologies, Inc.Court of Appeals for the First Circuit · 2021
  5. Alexandre v. National Union Fire Insurance Co. of PittsburghCourt of Appeals for the First Circuit · 2022

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