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onehundredmph Saturday, 03/06/21 11:44:56 AM
Re: meikodog post# 48861 0
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The brokers are not immune .

U.S. Supreme Court October 2015

Merrill Lynch, Pierce, Fenner & Smith INC. ET AL v. Manning ET AL

https://www.google.com/url?sa=t&source=we...5LYBHmbYxx

http://www.brokeandbroker.com/3128/supreme-co...-merrill-/


https://www.bloomberg.com/opinion/articles/20...reme-court

Quote:
United States District Court for the District of New Jersey, 12-4466, May 23, 2013), a group of Escala Group, Inc. shareholders filed a lawsuit in the Superior Court of New Jersey alleging that Defendants Merrill Lynch, Pierce, Fenner & Smith, Inc; Knight Capital Americas, L.P.; UBS Securities, L.L.C.; E*TRADE Capital Markets, L.L.C.; National Financial Services, L.L.C. had engaged in the naked short selling of Escala stock. Plaintiffs alleged that in furtherance of such naked shorting, the Defendants had electronically manufactured fictitious and unauthorized phantom shares and, as a result, the shareholders found their voting rights diluted and their shares declined in value.



Quote:
Given our resolution of this claim, we need not address whether DTC “due bills” are intangible property which may be the subject of an action for conversion under Nebraska law. The parties have not briefed this issue, and its answer is far from self-evident. See D. Dobbs, The Law of Torts § 63 (2001). Nor need we decide whether the Broker Defendants are entitled to immunity from conversion liability under sections 8-115 and 8-502 of the Nebraska Uniform Commercial Code. “This case can be decided on conversion without addressing any other provisions of the code.” PWA Farms, Inc. v. N. Platte State Bank, 220 Neb. 516, 371 N.W.2d 102, 105 (1985); see Mandolfo v. Mandolfo, 281 Neb. 443, 796 N.W.2d 603, 609 (2011)



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Quote:
If the broker-dealer fails to deliver for 13 days, the regulation imposes a “close out” duty to purchase and deliver securities “of like kind and quantity.”

https://www.bloomberg.com/opinion/articles/20...ify%20wall

https://www.scotusblog.com/case-files/cases/m...v-manning/
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