With no explanation, chose the best option from "A", "B", "C" or "D". specific securities.” 241 F.Supp.2d at 220; see also id. at 221-22. In fact, the complaint specifically alleges that defendants’ misrepresentations about the source of their investment advice were intended to and did cause plaintiffs and the putative class members to pay premium brokerage commissions — commissions which accrued only upon the purchase or sale of securities. We held in Dabit that such claims are preempted by SLUSA because they allege misstatements “in connection with” the purchase or sale of securities as that term was interpreted by the Supreme Court in SEC v. Zandford, 535 U.S. 813, 122 S.Ct. 1899, 153 L.Ed.2d 1 (2002). See Dabit, 395 F.3d at 48-49 (citing Zandford, 535 U.S. at 820, 825); accord Rowinski v. Salomon Smith Barney Inc., 398 F.3d 294, 299-300 (3d Cir.2005) (<HOLDING>). The contract and negligence claims fare no

A: holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the  instrument
B: holding that a plaintiff alleging securities fraud must show that a defendant 1 made a material misrepresentation or a material omission as to which he or she had a duty to speak 2 with scienter 3 in connection with the purchase or sale of securities
C: holding that slusa preempts claims which allege a material misrepresentation or omission in connection with the purchase or sale of securities whether or not that allegation is an element of or otherwise necessary to the putative state claim
D: holding that the basic elements of section 10b and rule 10b5 claims are 1 a material misrepresentation or omission 2 scienter ie a wrongful state of mind 3 a connection with the purchase or sale of a security 4 reliance often referred to in cases involving public securities markets fraudonthemarket cases as transaction causation 5 economic loss and 6 loss causation ie a causal connection between the material misrepresentation and the loss internal citations omitted
C.