LOGINOVSKAYA v. BATRATCHENKO

Docket No. 13-1624-cv.

764 F.3d 266 (2014)

Ludmila LOGINOVSKAYA, Plaintiff-Appellant, v. Oleg BATRATCHENKO, Thor United Corp. Thor United Corp. (Nevis), Thor Asset Management Inc., Thor Real Estate Management LLC, Thor Opti-Max LLC, Thor Capital LLC, Thor Futures LLC, Thor Realty LLC, Thor Guarant Real Estate Fund, Ltd. (BVI), Thor Real Estate Master Fund, Ltd., Thor Optima LLC, Thor Realty Holdings LLC, John Does 1-20, Tatiana Smirnova, Thor Opti-Max Fund, Ltd., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 4, 2014.


Attorney(s) appearing for the Case

Christopher M. Egleson ( Nancy Chung and Roxanne Tizravesh , on the brief), Akin Gump Strauss Hauer & Feld LLP, New York, NY, for Plaintiff-Appellant.

Judith M. Wallace ( Gary D. Sesser and Alexander Malyshev , on the brief), Carter Ledyard & Milburn LLP, New York, NY, for Defendants-Appellees.

Judge LOHIER dissents in a separate opinion.


DENNIS JACOBS, Circuit Judge:

Ludmila Loginovskaya appeals from a judgment of the United States District Court for the Southern District of New York (Oetken, J.), dismissing, pursuant to Fed.R.Civ.P. 12(b)(6), her claims under the Commodities Exchange Act ("CEA"), 7 U.S.C. § 1 et seq., and declining to exercise supplemental jurisdiction over her state law claims. The district court held that the domestic transaction test announced in Morrison...

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