· 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 bankthe 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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