Legal Opinion

In re Bank of New York Mellon Corp. Forex Transactions Litigation

District Court, S.D. New York

Decided November 10, 2014No. Nos. 12-md-2335 (LAK), 11-cv-6969 (LAK)Published

1Opinion of the Court

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

The plaintiffs in most of these actions are or were customers of the Bank of New York Mellon (“BNYM” or the “Bank”)1 that contracted with BNYM to execute certain foreign exchange transactions on their behalf. They now allege that the Bank is liable for breaches of fiduciary duties, contract, and the implied covenant of good faith and fair dealing, as well as conversion, unjust enrichment, and certain violations of state business law for assigning fictitious foreign currency exchange rates to the plaintiffs’ purchases and sales of foreign…

2Cases cited16 opinions

  1. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  2. Fisher v. United StatesSupreme Court of the United States · 1976
  3. Trammel v. United StatesSupreme Court of the United States · 1980
  4. In Re Grand Jury Subpoena Served Upon Simon HorowitzCourt of Appeals for the Second Circuit · 1973
  5. In Re Claus Von Bulow, Martha Von Bulow, by Her Next Friends Alexander Auersperg, and Annie Laurie Auersperg-Kneissl v. Claus Von BulowCourt of Appeals for the Second Circuit · 1987

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