Legal Opinion

Fed. Sec. L. Rep. P 90,286 Raizy Levitin v. Painewebber, Inc.

Court of Appeals for the Second Circuit

Decided September 29, 1998No. Docket 96-7994PublishedCited by 70 opinions

1Opinion of the Court

WINTER, Chief Judge.

Raizy Levitin brought this action on behalf of herself and a class of all others who engaged in short sales through accounts with PaineWebber, Inc. (“PW”) after August 1992. Levitin claims that PW violated Section 10(b) of the Securities and Exchange Act of 1934 (“1934 Act”), 15 U.S.C. § 78j(b), and New York law when PW realized profits from collateral securing her short sale transactions and failed to inform her of those profits or to remit them to her. Judge Chin dismissed her federal claims and declined to exercise supplemental jurisdiction over her state law claims.…

2Cases cited19 opinions

  1. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
  5. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963

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3Cited by70 opinions

  1. ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2007
  2. Mary Jo C. v. New York State and Local Retirement System et ano.Court of Appeals for the Second Circuit · 2013
  3. In Re Initial Public Offering Securities LitigationDistrict Court, S.D. New York · 2003
  4. Marriott International Resorts, L.P. v. United StatesCourt of Appeals for the Federal Circuit · 2009
  5. Ganino v. Citizens Utilities Co.Court of Appeals for the Second Circuit · 2000

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