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Administrative Law Keyed to Koch
Commodity Futures Trading Commission v. Schor
Citation:
478 U.S. 833 (1986)Facts
William Schor and Mortgage Services of America, Inc. invested in commodity futures contracts through ContiCommodity Services, Inc. (Conti), with Richard Sandor as their broker. After suffering substantial losses, Schor filed a reparation complaint with the CFTC, alleging violations of the Commodity Exchange Act. Conti initially filed a diversity action in federal district court to recover the debit balance in Schor’s account but later voluntarily dismissed this action and asserted the same claim as a counterclaim in the CFTC proceeding. The CFTC Administrative Law Judge ruled against Schor on his claims and in favor of Conti on its counterclaim. Only after receiving an adverse ruling did Schor challenge the CFTC’s jurisdiction to hear the state-law counterclaim, arguing it violated Article III of the Constitution.
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