DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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163808P.pdf 01/09/2018 Nicholas Lewis v. Scottrade, Inc.
U.S. Court of Appeals Case No: 16-3808
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Loken, Author, with Arnold and Shepherd, Circuit Judges]
Civil case - Securities Litigation Uniform Standards Act. In class action
alleging defendant routed customer limit orders for the purchase and sale
of securities to trading venues that pay "rebates" to sending brokers,
thereby violating its "duty of best execution" in buying and selling
securities on behalf of its customers, the district court did not err in
concluding the claims are precluded by the Securities Litigation Uniform
Standards Act, 15 U.S.C. Sec 78bb(f)(1); fraud or deception in trading
that violates a broker's duty of best execution is misconduct "in
connection with" the purchase and sale of covered securities to which the
Act applies; fairly read, the allegations in the complaint allege material
misrepresentations or omissions, or the use of a manipulative or deceptive
device or contrivance, in connection with the purchase and sale or covered
securities, and the claims are precluded by the Act.