United States Second Circuit

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Loginovskaya v. Batratchenko, et al., 13-1624-cv

Judgment dismissing, pursuant to Fed. R. Civ. P. 12(b)(6), plaintiff's claims under the Commodities Exchange Act (CEA) and declining to exercise supplemental jurisdiction over her state law claims, is affirmed, where: 1) applying the reasoning of Morrison v. National Australia Bank Ltd., the district court properly held that the domestic transaction test applies to plaintiff's CEA claim, and that a private right of action brought under CEA section 22 is limited to claims alleging a commodities transaction within the United States; 2) plaintiff fails to allege a domestic commodities transaction under the CEA; and 3) because plaintiff fails her only federal claim, the district court properly declined to exercise supplemental jurisdiction over her state law claims.

Appellate Information

  • Decided 09/04/2014
  • Published 09/04/2014

Judges

  • Jacobs

Court

  • United States Second Circuit

Counsel