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· 1/9/2006

Newbro v. Freed

Citations

  • 409 F. Supp. 2d 386
  • 2006 U.S. Dist. LEXIS 720
  • 2006 WL 59563

How courts have described this case

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

  • concluding that \a claim against a broker for converting funds in a free credit balance fails for the same reason as a customer's claim against a bank—the funds at issue arise from a debtor-creditor relationship and are not segregated visà-vis other accounts at the brokerage firm\
  • explaining that the defendants had no “pre-existing contractual relationship” with the customer
  • concluding that “a claim against a broker for converting funds in a free credit balance fails for the same reason as a customer’s claim against a bank — the funds at issue arise from a debtor-creditor relationship and are not segregated visa-vis other accounts at the brokerage firm”
  • involving attempt to recover funds that had been improperly transferred from one brokerage account to another by financial consultant
  • when “no affirmative misrepresentation is alleged, it is incumbent upon the party charging fraud to establish that there was a duty to disclose the omitted fact”

Source: CourtListener parenthetical corpus (CC0).

Judges: Castel

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.