AER Advisors Inc. v. Fidelity Brokerage Services, LLC, No. 18-1884 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the decision of the district court dismissing Plaintiffs' complaint against Fidelity Brokerage Services, LLC for failure to state a claim, holding that First Circuit law barred Plaintiffs' claims.
The district judge concluded that Fidelity was immune from suit based on an immunity provision in the Bank Secrecy Act (BSA), 31 U.S.C. 5318(g)(3)(A). On appeal, Plaintiffs argued that Eleventh Circuit precedent, which holds that BSA immunity requires good faith dealing, applied because the case came to the First Circuit via a transfer order from a court in the Eleventh Circuit and that, even if First Circuit caselaw applied, Fidelity could not get BSA immunity. The First Circuit affirmed, holding (1) First Circuit law, rather than Eleventh Circuit law, governed this case; and (2) the First Circuit's opinion in Stoutt v. Banco Popular de Puerto Rico, 320 F.3d 26 (1st Cir. 2003), applied and gave Fidelity BSA immunity.