Compuware Corp. v. Moody's Investors Services, Inc.

OPINION AND ORDER

FEIKENS, District Judge.

This matter is before me on defendant’s motion to dismiss this case pursuant to Fed.R.Civ.P 12(b)(6). A hearing was held on July 16, 2003, wherein I denied defendant’s motion to dismiss with respect to plaintiffs claims for breach of contract and defamation, Counts I and II, for the reasons set forth at the hearing. Because I find that plaintiff has failed to state a claim for silent fraud and for violation of the Investment Advisers Act, I grant defendant’s motion and dismiss Counts III and IV.

Defendant Moody’s is a publisher of financial commentary…