United States Second Circuit

Termination of plaintiff by the New York Stock Exchange as an Exchange member organization is affirmed over plaintiff's argument that the SEC was institutionally biased and required to recuse itself in favor of an independent arbitrator.

Appellate Information

• Decided 08/16/2004
• Published 08/16/2004

Judges

• SACK, Circuit Judge., Before:  SACK and RAGGI, Circuit Judges, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Dominic F. Amorosa, New York, NY, for Petitioner., Jay N. Fastow, Weil, Gotshal & Manges LLP (Jonathan Bloom, of counsel), New York, NY, for Intervenor.


• For Appellees:
  
• Mark Pennington, Assistant General Counsel, Securities and Exchange Commission (Giovanni P. Prezioso, General Counsel;  Eric Summergrad, Deputy Solicitor;  Meyer Eisenberg, Deputy General Counsel, of counsel), Washington, DC, for Respondent.