Note:
Allen L. Unger, Federalism And The Futures Markets Revisited:
Private Rights of Action For Commodities Fraud Under State
Consumer Protection Statutes, 60 TEXAS L. REV. 99 (1981).
Abstract:
This Note argues that the Commodity Exchange Act (CEA) does not
preclude commodities traders from bringing private actions for
commodities fraud under state consumer protection statutes. In
addition, it discusses the operation of the futures markets and
reviews the remedies available to alleviate typical complaints
of fraud and misrepresentations under the CEA. The Note
concludes that private suits asserting rights and remedies under
general state law are consistent with the alternative federal
remedies available under the CEA, and that the two bodies of law
should be allowed to coexist.