Legal Opinion

Retirement Board of the Policemen's Annuity & Benefit Fund v. Bank of New York Mellon

Court of Appeals for the Second Circuit

Decided December 23, 2014No. Nos. 13-1776-CV, 13-1777-CVPublishedCited by 98 opinions

1Opinion of the Court

DEBRA ANN LIVINGSTON, Circuit Judge:

These interlocutory appeals require us to resolve two questions that have recurred in recent eases involving residential mortgage-backed securities (“RMBS”), but that this Court has not yet had occasion to address. The first question is whether, under our decision in NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co., 693 F.3d 145 (2d Cir.2012), cert. denied, - U.S. -, 133 S.Ct. 1624, 185 L.Ed.2d 576 (2013), a named plaintiff in a putative class action has “class standing” to assert, on absent class members’ behalf, breach-of-duty claims against the…

2Cases cited45 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Lewis v. CaseySupreme Court of the United States · 1996
  4. Baker v. CarrSupreme Court of the United States · 1962
  5. United States v. Mead Corp.Supreme Court of the United States · 2001

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3Cited by98 opinions

  1. In re Libor-Based Fin. Instruments Antitrust Litig.District Court, S.D. Illinois · 2018
  2. Catalano v. BMW of North America, LLCDistrict Court, S.D. New York · 2016
  3. Barrows v. BecerraCourt of Appeals for the Second Circuit · 2022
  4. Kurtz v. Kimberly-Clark Corp.District Court, E.D. New York · 2017
  5. Dennis v. JPMorgan Chase & Co.District Court, S.D. Illinois · 2018

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