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· 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 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.