There are lots of ways derivatives traders could allege the kind of harm under the Commodity Exchange Act to be granted statutory standing and show injury, according to the U.S. Court of Appeals for the Second Circuit on Friday.
There’s the obvious direct-trading scenario where the alleged particular harm caused by the counterparty’s actions can most easily be pointed to. Trading on exchanges makes for a bit more complicated set of situations, but district courts have handled many of the kinds of scenarios where the kind of harm to justify standing under the CEA can be at least plausibly alleged.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
