· 8/14/2012
Anschutz Corp. v. Merrill Lynch & Co.
Citations
- 690 F.3d 98
- 2012 WL 3289832
- 2012 U.S. App. LEXIS 17006
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that no special relationship exists between a ratings agency and plaintiffs that lose money after investing in securities that the agency rated favorably absent allegations of direct contract between the agency and plaintiffs
- explaining that New York law strictly limits negligent misrepresentation claims to “situations involving actual privity of contract between the parties or a relationship so close as to approach that of privity” (internal quotation marks omitted)
- explaining that negligent misrepresentation requires that “the defendant made a false representation”
- noting that plaintiff plaintiffs are entitled to default judgment, an assessment of must establish defendant's “duty, as a result of a special damages and final judgment shall wait until plaintiffs’ claims relationship, to give correct information” (emphasis added)
- discussing the New York law requirement for a “special” or “privity-like” relationship
- providing a more comprehensive discussion of auction rate securities
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Walker, Cabranes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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