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Administrative Law Keyed to Mawshaw
Commodity Futures Trading Commission v. Schor
Citation:
478 U.S. 833 (1986)Facts
Schor had a trading account with ContiCommodity Services, Inc. (Conti), a commodity futures broker. When the account developed a debit balance, Schor filed a reparations complaint with the CFTC alleging that the deficit resulted from Conti’s violations of the Commodity Exchange Act. Conti initially filed a separate action in federal district court to recover the debit balance but later voluntarily dismissed that action and asserted its claim as a counterclaim in the CFTC proceeding. Schor actively encouraged this consolidation of claims, arguing it would be inefficient to litigate the same issues in two forums. After the Administrative Law Judge ruled against Schor on both his claims and Conti’s counterclaim, Schor challenged the CFTC’s statutory and constitutional authority to adjudicate the state law counterclaim. The CFTC had promulgated regulations allowing it to hear counterclaims arising from the same transaction or occurrence as the reparations complaint, and Congress had twice amended the CEA without overruling this assertion of jurisdiction.
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