Odom v. Morgan Stanley Smith Barney LLC et al
| Wesley Odom |
| Morgan Stanley Smith Barney LLC and Citigroup Inc |
| 1:2011cv03827 |
| June 6, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Sidney H. Stein |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 77 |
| Plaintiff |
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Filing
40
OPINION AND ORDER. Odom's Section 10(b) and Rule 10-b(5) claim is dismissed with prejudice because holder claims are not cognizable pursuant to the Securities Exchange Act of 1934. Odom's common law fraud and negligent misrepresentation cla ims are dismissed as preempted by SLUSA. Last, finding little to no overlap between the facts and law underlying Odom's Florida Whistleblower's Act claim on one hand and the securities fraud issues that are the subject of the Citigroup MDL proceedings on the other, the Court recommends that the JPML remand this claim to the Northern District of Florida pursuant to Judicial Panel on Multidistrict Litigation Rule 10.1(b). (Signed by Judge Sidney H. Stein on 12/13/2013) Filed In Associated Cases: 1:09-md-02070-SHS, 1:11-cv-03827-SHS (rjm)
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