Politzer

Politzer v. Salomon Smith Barney, Inc.

Good Law
113 F. App'x 845
United States Court of Appeals for the Ninth CircuitNovember 24, 2004No. 03-56414California377 words

Opinion

Lead Opinion

MEMORANDUM **

The appellant brought this putative class action in state court on behalf of himself and other clients of the appellee, asserting claims based on California statute and common law to address alleged misrepresentations and omissions in connection with the purchase and sale of securities. The appellant specifically alleged damages from receiving biased and misleading advice on publicly-traded securities from the appellee. The appellee removed the case to district court because the alleged state-law claims were preempted by and subject to dismissal under the Securities Litigation Uniform Standards Act of 1998 (“SLU-SA”), Pub.L. No. 105-353 (codified in part, 15 U.S.C. § 77p).

On appeal, the appellant challenges the district court’s denial of his motion to remand and dismissal of his state-law claims. The district court properly determined that it had removal jurisdiction over the case. 28 U.S.C. § 1447 (c). The district court was also correct in dismissing the appellant’s claims as preempted because *846 SLUSA provides for the removal and dismissal of class actions brought pursuant to state law alleging misrepresentations in connection with the purchase or sale of a…

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