Consumer Law :  MMPA –  SLUSA –  Preclusion

Where appellant, a brokerage firm customer, filed a class action against a securities brokerage firm alleging violations of the Missouri Merchandising Practices Act, breach of common law fiduciary duty and unjust enrichment, the allegations in the complaint claimed material misrepresentations or omissions or the use of a manipulative or deceptive device or contrivance in connection with the purchase and sale of covered securities, so the claims were precluded by the Securities Litigation Uniform Standards Act, and the dismissal of the complaint is affirmed.

Judgment is affirmed.

Lewis v. Scottrade, Inc. (MLW No. 71320/Case No. 16-3808 – 8 pages) (U.S. Court of Appeals, 8^th Circuit, Loken, J.) Appealed from U.S. District Court, Eastern District of Missouri, Ross, J. (Leslie E. Hurst, San Diego, argued for appellant; Timothy G. Blood, Thomas Joseph O’Reardon  II, Paula R. Brown, Brian J. Robbins, Kevin A. Seely, Ashley R. Rifkin and Leonid Kandinov appeared on the brief) (Christopher Martin Hohn, St Louis, argued for appellee; Thomas Edward Douglass, David Michael Mangian and Brandi L. Burke appeared on the brief).

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