Lewis v. Scottrade, Inc., No. 16-3808 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed the district court's dismissal of plaintiff's putative class action alleging that Scottrade violated the Missouri Merchandising Practices Act, breach of a common law fiduciary duty, and unjust enrichment. Plaintiff alleged that Scottrade routinely routes customer limit orders for the purchase and sale of securities to trading venues that pay rebates to sending brokers, violating Scottrade's duty of best execution in buying and selling securities on behalf of its customers. The court held that the Securities Litigation Uniform Standards Act (SLUSA), 15 U.S.C. 78bb(f)(1), preempted plaintiff's action because the allegations in plaintiff's state law class action complaint, fairly read, alleged 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.