Civil Procedure · MBE-tested
Securities Investor Protection Corp. v. Barbour et al.
419 U.S. 894·Supreme Court of the United States·1974
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
No. 73-2055.
Securities Investor Protection Corp. v. Barbour et al.
[MAJORITY]
C. A. 6th Cir. Certiorari granted limited to the following questions:
1. Whether customers of a Member have an implied private right of action to compel SIPC to meet its alleged obligations to them under the Act, despite § 7 (b) thereof which grants that right only to the Securities and Exchange Commission?
2. If such a right of action can be implied, whether a receiver of a Member has standing to maintain it?