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BROWN v. CALAMOS

No. 11-1785.

664 F.3d 123 (2011)

Christopher BROWN, individually and on behalf of a class, Plaintiff-Appellant, v. John P. CALAMOS, Sr., trustee of Calamos Convertible Opportunities and Income Fund, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 10, 2011.

Attorney(s) appearing for the Case

Carol V. Gilden , Attorney, Cohen Milstein Sellers & Toll PLLC, Chicago, IL, Gary A. Gotto (argued), Attorney, Keller Rohrback, P.L.C., Phoenix, AZ, for Plaintiff-Appellant.

Michael F. Derksen , Attorney, Morgan, Lewis & Bockius, John W. Rotunno (argued), Attorney, K & L Gates LLP, Chicago, IL, for Defendants-Appellees.

Before POSNER, FLAUM, and SYKES, Circuit Judges.

POSNER, Circuit Judge.

The Securities Litigation Uniform Standards Act of 1998 (SLUSA) prohibits securities class actions if the class has more than 50 members, the suit is not exclusively derivative, relief is sought on the basis of state law, and the class action suit is brought by "any private party alleging a misrepresentation or omission of a material fact in connection with the purchase or sale of a covered security." 15 U.S.C. § 78bb(f)(1), amending Securities...

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