HARRY v. TOTAL GAS & POWER NORTH AMERICA, INC.

Docket No. 17-1199-cv August Term, 2017.

889 F.3d 104 (2018)

Alan HARRY, Levante Capital, LLC, Public Utility District No. 1 of Clark County, Washington, dba Clark Public Utilities, C&C Trading, LLC, Plaintiffs-Appellants, v. TOTAL GAS & POWER NORTH AMERICA, INC., Total S.A., Total Gas & Power Limited, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 4, 2018.


Attorney(s) appearing for the Case

DAVID E. KOVEL , Kirby McInerney LLP ( Michael Eisenkraft , Times Wang , Cohen Millstein Sellers & Toll, PLLC, Kellie C. Lerner , Bernard Persky , Robins Kaplan LLP, on the brief), New York, NY, for Plaintiffs-Appellants.

DAVID DEBOLD , Gibson, Dunn & Crutcher LLP ( William S. Scherman , Jason J. Fleischer , on the brief), Washington, DC, for Defendants-Appellees.

Before: POOLER, WESLEY, and HALL, Circuit Judges.


This case provides us an occasion to clarify pleading standards under the Commodities Exchange Act ("CEA") and to differentiate those standards from the standard for pleading constitutional standing.

Drawing on Commodities Future Trading Commission ("CFTC") and Federal Energy Regulatory Commission ("FERC") findings...

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