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Delay v. Rosenthal Collins Group, LLC, No. 08-4557

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.      

Read Delay v. Rosenthal Collins Group, LLC, No. 08-4557

Appellate Information

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