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ROWINSKI v. SALOMON SMITH BARNEY INC.

No. 03-4762.

398 F.3d 294 (2005)

Ryan ROWINSKI, On Behalf of Himself and All Others Similarly Situated, v. SALOMON SMITH BARNEY INC., Ryan Rowinski, Appellant.

United States Court of Appeals, Third Circuit.

Filed February 16, 2005.

Attorney(s) appearing for the Case

Ira N. Richards, (Argued), Trujillo Rodriguez & Richards, LLC, Philadelphia, Roberta D. Liebenberg, Arthur M. Kaplan, Fine Kaplan & Black, Philadelphia, Michael J. Boni, Kohn Swift & Graf, P.C., Philadelphia, for Appellant.

Richard A. Rosen, (Argued), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, Joseph G. Ferguson, Rosenn, Jenkins & Greenwald, L.L.P., Scranton, for Appellee.

Before SCIRICA, Chief Judge, FISHER and GREENBERG, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

The Securities Litigation Uniform Standards Act of 1998 ("SLUSA") provides for the removal and federal preemption of certain state court class actions alleging "a misrepresentation or omission of a material fact in connection with the purchase or sale of a covered security." 15 U.S.C. § 78bb(f)(1)(A) (West Supp.2004). At issue is whether this action on behalf of a putative class of Salomon Smith Barney retail...

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