In the case of Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran, the United States Supreme Court held that there is an implied private right of action under the Commodity Exchange Act, as amended. As a result of this holding, a private party may maintain an action for damages caused by a violation of the Commodity Exchange Act. In this article, the author examines the Supreme Court's analysis and explores the future impact of the decision in light of the role the judiciary has in legislative matters.
Howard E. Hamann
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran: Establishing an Implied Private Right of Action Under the Commodity Exchange Act,
10 Pepp. L. Rev.
Available at: http://digitalcommons.pepperdine.edu/plr/vol10/iss4/6