Legal Opinion
Cohen v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
District Court, S.D. New York
Decided October 6, 1989No. 87 Civ. 2920 (MJL)PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
LOWE, District Judge.
This is an action alleging misrepresentations, material omissions, and fraud by the defendants in connection with the purchase and sale of securities. Defendants Merrill Lynch, Pierce, Fenner & Smith, Inc., (“Merrill Lynch”) and Merrill Lynch Futures, Inc. (“Merrill Lynch Futures”) have moved to dismiss plaintiffs’ complaint pursuant to Federal Rules of Civil Procedure (“F.R.Civ. P”) 9(b), 12(b)(1) and 12(b)(6). For the reasons stated below, the motion is granted.
BACKGROUND
In the Spring of 1986, Cohen and Smolen each invested $50,000 in the Leveraged…
2Cases cited12 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
- Fed. Sec. L. Rep. P 93,748 Securities and Exchange Commission v. Glenn W. Turner Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1973
- Fed. Sec. L. Rep. P 92,706 Barry Saxe v. E.F. Hutton & Company, Inc., Scott A. Howard and Hanger Associates, Inc.Court of Appeals for the Second Circuit · 1986
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3Cited by4 opinions
- Lesavoy v. LaneDistrict Court, S.D. New York · 2004
- Clarkson Construction Co. v. Drexel Burnham Lambert Group, Inc. (In Re the Drexel Burnham Lambert Group, Inc.)District Court, S.D. New York · 1993
- Integrated Research Services, Inc. v. Secretary of StateAppellate Court of Illinois · 2002
- Integrated Research Services, Inc. v. Illinois Secretary of StateAppellate Court of Illinois · 2002