United States DC Circuit

In a class action asserting breach of contract, negligence, and negligent misrepresentation by the administrator of the broker qualification exam arising out of erroneous reporting of applicants' scores, dismissal of claims is affirmed where common law causes of action cannot be alleged against a Self-Regulatory Organization for the negligent performance of its duties under the Securities Exchange Act of 1934.

Appellate Information

• Decided 11/07/2008
• Published 11/07/2008

Judges

• Before:  BROWN, Circuit Judge, and EDWARDS and SILBERMAN, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gerald E. Martin argued the cause for appellants.   With him on the briefs was Herbert E. Milstein.  Jonathan W. Cuneo and Steven A. Skalet entered appearances.


• For Appellees:
  
• Douglas R. Cox argued the cause for appellees The National Association of Securities Dealers, Inc., et al.   With him on the brief was F. Joseph Warin., Michael A. Carvin argued the cause for appellee EDS Corporation.   With him on the brief were James E. Gauch and Juliet J. Karastelev.