Supreme Court· 12/4/1973

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Ware

Citations

414 U.S. 117
94 S. Ct. 383
38 L. Ed. 2d 348
1973 U.S. LEXIS 179

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that \[s]upervised self-regulation\ is \consonant with the traditional private governance of exchanges\
noting that “[sjupervised self-regulation” is “consonant with the traditional private governance of exchanges”
“[C]onflicting law ... should be pre-empted by exchange self-regulation ‘only to the extent necessary to protect the achievement of the aims of the Securities Exchange Act.’ ” (quoting Silver v. N.Y. Stock Exch., 373 U.S. 341, 361, 83 S.Ct. 1246, 10 L.Ed.2d 389 (1963))
“[C]onflicting law . . . should be pre-empted by exchange self-regulation ‘only to the extent necessary to protect the achievement of the aims of the Securities Exchange Act.’ ” (quoting Silver v. N.Y. Stock Exch., 373 U.S. 341, 361 (1963))
state law not preempted when Rule 347(b) arbitration does not promote self-policing of securities abuses by exchanges
California law governs validity of arbitration agreement between broker and its employee contained in constitution of exchange and in employment contract

Source: CourtListener parenthetical corpus (CC0).

Judges: Blackmun, Stewart

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Cited by

220 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Ware

2 other CourtListener records share this case name.

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