Legal Opinion
National Western Life Insurance v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
District Court, S.D. New York
Decided August 16, 2000No. 93 CIV. 7244 VMPublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
MARRERO, District Judge.
This action was commenced in the Southern District of Texas in May 1993 and later that year transferred to this Court, where the underlying transaction remains governed by Texas law. During its seven-year odyssey to date, the case has passed through the dockets of five federal judges, four of them in this District. Yet, as described below, largely on account of the parties’ own pretrial motion practice, the litigation remains no further along than a motion to dismiss the complaint, which itself is now in its third version. 1 Now before the Court is…
2Cases cited49 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Papasan v. AllainSupreme Court of the United States · 1986
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
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3Cited by4 opinions
- In Re Livent, Inc. Noteholders Securities Litig.District Court, S.D. New York · 2001
- National Western Life Insurance v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 2004
- National Western Life Insurance v. Merrill Lynch, Pierce, Fenner & Smith, Inc.District Court, S.D. New York · 2002
- Rieger ex rel. Walters v. DrabinskyDistrict Court, S.D. New York · 2001