Securities Arbitration Overview
SAC Blog About SAC
Press Kit Contact Us
 
SAC's ONLINE LITIGATION ALERT: 2020-21 (06/01/2020)
      GLOBAL LINKS
VIEW FULL ALERT  

Login: Click here or a decision below — view full summaries, decisions and more

Not A Subscriber? Click here to get three free tokens (first-time users) and test-drive our new pay-as-you-go option. After that, either subscribe for unlimited access or purchase additional tokens -- one token = one decision summary.

     


Arbitration

• Townsend vs. Merrill Lynch, Pierce, Fenner & Smith, Inc. ▶
No. 18-cv-5939 (S.D. N.Y., 4/30/20)

Court uses “lodestar” formula to award reasonable attorney’s fees and costs to prevailing party in opposing a petition to vacate a FINRA arbitration award.
Read More

• Townsend vs. Merrill Lynch, Pierce, Fenner & Smith, Inc. ▶
No. 18-cv-5939 (S.D. N.Y., 9/19/19)

In the Second Circuit, an arbitrator’s award may be vacated under Section 1O(a) if it is in “manifest disregard of the law” or “manifest disregard of the terms of the parties’ relevant agreement.”
Read More


Business & Employment

• Isaiah vs. JP Morgan Chase Bank ▶
No. 17-15585 (11th Cir., 6/1/20)

Although a receivership is typically created to protect the rights of creditors, the receiver is not the class representative for creditors and cannot pursue claims owned directly by the creditors; rather, he is limited to bringing only those actions previously owned by the party in receivership.
Read More


Class Actions

• Batchelar vs. Interactive Brokers, LLC ▶
No. 3:15-cv-1836 (AWT) (D. Conn., 5/15/20)

Court denies brokerage firm’s Motion to Certify Questions of Connecticut Law to the Connecticut Supreme Court, based largely on the fact that the request was not made until after the brokerage firm had received an adverse ruling from the federal court on the issue.
Read More


Regulatory

• State vs. Lindell ▶
No. Pen-19-185, 2020 ME 49, ___ A.3d ___ (Me., 4/16/20)

The Court finds that the trial court did not err when it admitted contested evidence, nor did it err when it declined to provide certain jury instructions.
Read More


Securities Customers

• Allianz Global Investors Gmbh vs. Bank of America ▶
No. 18-10364 (S.D. N.Y., 4/30/20)

*When a motion to dismiss for lack of jurisdiction is decided on the basis of affidavits and other written material, the plaintiff need only make a prima facie showing of jurisdiction. **In order to find personal jurisdiction through minimum contacts, the court must decide if the individual or entity has purposefully directed its activities at the forum and the litigation arises out of or relates to those activities.
Read More



BOARD OF CONTRIBUTING LEGAL EDITORS

Richard P. Ryder
Editor-in-Chief, SLC

Senior Contributing Editors:          

Jack D. Ballard
Ballard & Littlefield, LLP
Houston, TX


Jill I. Gross
Elisabeth Haub School of Law
Pace University
White Plains, NY

    Paul J. Dubow
Arbitrator • Mediator
San Francisco, CA


Christopher G. Lazarini
Bass Berry & Sims PLC
Memphis, TN
    Samuel B. Edwards
Shepherd Smith Edwards & Kantas, LLP
Houston, TX


Ben Suter
Keesal Young & Logan
San Francisco, CA



Contributing Editors:

David C. Franceski, Jr.
Stradley Ronon
Stevens & Young LLP (Ret.)
Philadelphia, PA

Burton W. Wiand
Wiand Guerra King PL
Tampa, FL
    James L. Komie
Howard & Howard
Chicago, IL








NOTICE: The publisher accepts full responsibility for the summaries presented in this publication and for any views expressed therein. Our Contributing Editors and any law firm or organization with which the Contributing Editors may be affiliated bear no responsibility for the contents of this publication. Moreover, by summarizing a particular decision, a Contributing Editor does not necessarily endorse the holding. To the extent comments or opinions are expressed herein by any editor, such comments or opinions are not necessarily the views of other Contributing Editors or the law firm or organization with which they may be affiliated. Editorial comments and analysis are designed to stimulate thought and convey information of value; they are not intended as, nor do they constitute, legal advice. The decisions summarized herein should not be viewed as authoritative precedent without proper citechecking and adherence to local court rules.
COPYRIGHT 2020,
SECURITIES LITIGATION COMMENTATOR, INC. (PUBLISHER)
MAIL TO: P.O. BOX 112, MAPLEWOOD, NJ 07040
MAIN OFFICE: 93 RIGGS PLACE, SOUTH ORANGE, NJ 07079
T: 973-761-5880 • F: 973-761-1504 • HELP@SACARBITRATION.COM

FOR MORE INFORMATION ABOUT SAC/SLC’S OTHER PRODUCTS
AND SERVICES, PLEASE VISIT OUR WEBSITE:
HTTP://WWW.SACARBITRATION.COM.

Preferred Subscription: 48 Interactive Litigation Alerts (SLAs),
$895 annually.

Send any messages that you intend for SLC’s eyes only to:
RRyder@sacarbitration.com
Send any messages submitted for re-broadcast to:
Help@sacarbitration.com


AVAILABLE ON LEXIS: The individual case summaries comprising SLA (from the inception of publication in late 2000 through the present [and going forward]) are available as part of the LexisNexis (“LN”) research database. SLA content can easily be found and searched by using the LN “Find A Source” function (separate LN charges for access to LN and LN research apply).

      SOLA ARCHIVES  
  SOLA ARTICLES  
  CONTACT US  
  SACARBITRATION.COM  
   
      WEEKLY ANNOUNCEMENT
   

SBI-SLC FACILITY FOR LEGAL RESEARCH:

Providing free legal research for SOLA Subscribers through an online, field-based search facility, “Search Back Issues – Securities Litigation Commentator” SBI-SLC is the way to go. SBI-SLC utilizes the 8,400-plus decision synopses written by SOLA’s Board of Contributing Legal Editors over the past decade to create a valuable, new legal resource. We have combined that library of legal learning with a search facility that offers quick, online access to the law, as it relates to broker-dealer disputes. Our special information fields help find useful case law from a variety of perspectives: by judge, by attorney, by state and by date of ruling, in addition to by key word. Best of all, SOLA subscribers have free access to the SBI-SLC facility and a great new way to draw added value from their annual SOLA subscriptions! Please visit today – the SBI-SLC Site is one short click away from SAC’s HomePage, www.sacarbitration.com.

   
   
TRY ARBCHEK  
   
ARBchek is the most powerful search tool available for compiling an Aribitrator’s Award history. Save time with easy to read Award Summary Reports.
VIEW THE DEMO  
TRY ARBCHEK LITE  
   
   
VIEW UPDATE ARBCHEK
   
Free summaries of just released Awards, hot off the press 
   
   
PowerSearch SAC's Award/Court Decision Databases to Win your Case!
SAC can topic search all elements of our Databases to customize a search based on your parameters and specifications.

Click to View Sample Searches!

Call us at 973.761.5880 or email searches@sacarbitration.com for a FREE estimate.
   
   
Abritrator Comparison Report (ACR)
   
Check out the new customized report from ARBchek, the ACR (click links below to view samples):

The Report links to:
  • ARBchek Award Summaries

  • PDF of Award

To order an ACR email: searches@sacarbitration.com
or call 973.761.5880
   
   
Need a Copy of an Award?
   
FREE AWARDs!
To access a free PDF copy of any Award among the 50,000-plus Awards in SAC's Library go to www.ARBchek.com and enter the Docket Number in the Search field:



ARBchek uses the most comprehensive collection of Securities Arbitration Awards available from across ALL securities forums.
   
   
Securities Arbitration Commentator Newsletter & Alert
   
The Commentator monitors the entire field of activity affecting securities arbitration - from legislative and regulatory developments to the latest tactical techniques drawn from actual arbitration awards and case law.

Click to view a sample article!

To request a free trial or order a subscription email: help@sacarbitration.com
   
   
SEARCH BACK ISSUES SLC
   
Search all past Securities Litigation Alerts! Summaries related to thousands of broker-dealer court decisions published in the Securities Litigation Commentator since 2000. This search facility is maintained for use by the public and as a free accommodation for SLC subscribers.