In plaintiff's action against his former employer, seeking indemnification for legal expenses incurred in successfully defending a prior suit brought against him under the Commodities Exchange Act (CEA), dismissal of his claim on the ground that it was preempted by federal law is vacated and remanded as Congress did not intend to displace the state-law indemnification rights, if any, of parties found not to have violated the CEA.
Argued: October 8, 2009
Decided and Filed: October 27, 2009
Opinion by Circuit Judge Kethledge
For Appellant: James G. Vargo, James E. Arnold & Associates, LPA, Columbus, Ohio
For Appellee: Jeffrey A. Schulman, Wolin Kelter & Rosen, LTD, Chicago, Illinois