From our private database of 33,800+ case briefs...
Commodity Futures Trading Commission v. Schor
United States Supreme Court
478 U.S. 833 (1986)
The Commodity Futures Trading Commission (CFTC) (defendant) regulates the trading of commodity futures. Disgruntled customers may seek reparations from the CFTC for a broker’s violations of the Commodity Exchange Act (CEA) or CFTC regulations. The CTFA promulgated a regulation that allowed it to adjudicate any counterclaims that the broker might assert against a consumer if such counterclaims arose out of the same transaction or series of transactions set forth in the customer’s complaint. Such counterclaims were not mandatory; brokers could pursue their action against the customer in state court as a contract action. Mr. Schor (plaintiff), a customer, filed a complaint against a broker, Conti Commodity Services, Inc. (Conti), for numerous violations of the CEA. In addition to defending itself from Schor’s claims, Conti filed a counterclaim against Schor in the CFTC reparations proceeding. The CFTC ruled in favor of Conti, and Schor sought judicial review. The court of appeals dismissed Conti’s counterclaim on the ground that the CFTC’s authority to adjudicate Conti’s common law claims violated Article III of the Constitution. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (O’Connor, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 605,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 605,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.