There are lots of ways derivatives traders could allege the kind of harm under the Commodity Exchange Act to be granted statutory standing and show injury, according to the U.S. Court of Appeals for the Second Circuit on Friday.
There’s the obvious direct-trading scenario where the alleged particular harm caused by the counterparty’s actions can most easily be pointed to. Trading on exchanges makes for a bit more complicated set of situations, but district courts have handled many of the kinds of scenarios where the kind of harm to justify standing under the CEA can be at least plausibly alleged.
