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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.