Legal Opinion

Commonwealth of Pennsylvania Public School Employees' Retirement System v. Morgan Stanley & Co.

Court of Appeals for the Second Circuit

Decided February 23, 2016No. Docket 13-2095-cv(L), 13-2283-cv(XAP), 13-2286-cv(XAP), 13-2287-cv(XAP)PublishedCited by 5 opinions

1Per curiam

Commerzbank AG (“Commerzbank”) appealed from Judge Scheindlin’s denial of class certification and dismissal of the claims asserted by certain investors for lack of standing, including Commerzbank. In a previous decision, familiarity with which is assumed, we affirmed the district court in part and certified to the New York Court of Appeals the question of whether a reasonable trier of fact could, on the record of this case, conclude that Com-merzbank was validly assigned the right to bring a common-law fraud claim, and therefore had standing to sue various defendants. See Pa. Pub. Sch. Emps.’…

2Cases cited2 opinions

  1. Pennsylvania Public School Employees' Retirement System v. Morgan Stanley & Co.Court of Appeals for the Second Circuit · 2014
  2. Commonwealth of Pennsylvania Public School Employees' Retirement System v. Morgan Stanley & Co.New York Court of Appeals · 2015

3Cited by5 opinions

  1. Nat'l Credit Union Admin. Bd. v. U.S. Bank Nat'l Ass'nCourt of Appeals for the Second Circuit · 2018
  2. DRK Photo v. McGraw-Hill Global Education Holdings, LLCCourt of Appeals for the Ninth Circuit · 2017
  3. DRK Photo v. McGraw-Hill Global Education Holdings, LLCCourt of Appeals for the Ninth Circuit · 2017
  4. Nastasi & Associates, Inc. v. Bloomberg, L.P.District Court, S.D. New York · 2021
  5. National Credit Union Administration Board v. HSBC Bank US, National AssociationDistrict Court, S.D. New York · 2020

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