IN RE SERIES 7 BROKER QUALIFICATION EXAM SCORING LITIGATION

No. 07-7162.

548 F.3d 110 (2008)

In re SERIES 7 BROKER QUALIFICATION EXAM SCORING LITIGATION, William Lowe, et al., Appellants v. The National Association of Securities Dealers, Inc. and EDS Corporation, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 7, 2008.


Attorney(s) appearing for the Case

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.

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.

Opinion for the Court filed by Circuit Judge BROWN.


BROWN, Circuit Judge:

The question before us is whether common law causes of action can be alleged against a Self-Regulatory Organization ("SRO") for the negligent performance of its duties under the Securities Exchange Act of 1934 ("Exchange Act"). 15 U.S.C. § 78o-3(b). Despite a seemingly impenetrable wall of contrary precedent, plaintiffs argue that while suits challenging an SRO's discretionary decisions are clearly prohibited, SROs may be sued for the negligent...

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