· 10/28/2011
Wachovia Bank, National Ass'n v. VCG Special Opportunities Master Fund, Ltd.
Citations
- 661 F.3d 164
- 2011 U.S. App. LEXIS 21885
- 2011 WL 5110122
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a purchaser of a credit default swap from “Wachovia Bank, N.A.” was not a “customer” of affiliate “Wachovia Capital Markets, LLC”
- holding that no customer relationship existed where FIN-RA member provided no “agency, brokerage, advisory or fiduciary services” for opposing party, and no brokerage services agreement existed
- stating that word “customer” must “be construed in a manner consistent with the ‘reasonable expectations’ of FINRA members”
- explaining that FINRA is successor to NASD and is SRO
- finding no customer relationship where FINRA member participated in the transaction but did not recommend it or have a preexisting brokerage relationship with the other party
- enjoining an arbitration because, inter alia, there was no brokerage agreement between the parties
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Pooler, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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