Legal Opinion

NASDAQ OMX, Inc. v. UBS Securities LLC

District Court, S.D. New York

Decided June 18, 2013No. 13 Civ. 2244PublishedCited by 4 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Plaintiffs The NASDAQ OMX Group, Inc. and The NASDAQ Stock Market LLC (collectively “NASDAQ” or the “Plaintiffs”) have moved to enjoin an arbitration filed by defendant UBS Securities LLC (“UBS” or the “Defendant”), and UBS has cross-moved to dismiss NASDAQ’s complaint (the “Complaint”) with prejudice.

Upon the facts and conclusions set forth below, NASDAQ’s motion for preliminary injunction is granted and UBS’ cross-motion to dismiss is denied.

I. Prior Proceedings

This dispute arose from system failures during the May 18, 2012 initial public offering (“IPO”) of…

2Cases cited31 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  3. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  4. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  5. Natalia Makarova v. United StatesCourt of Appeals for the Second Circuit · 2000

26 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. NASDAQ OMX Group, Inc. v. UBS Securities, LLCCourt of Appeals for the Second Circuit · 2014
  2. Offshore Exploration & Production LLC v. Morgan Stanley Private Bank, N.A.District Court, S.D. New York · 2013
  3. NASDAQ OMX Group, Inc. v. UBS Securities, LLCCourt of Appeals for the Second Circuit · 2014
  4. United Industries Corp. v. Leveraged Marketing Corp. of America, Pennsylvania Court of Common Pleas, Philadelphia County2014

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