Legal Opinion
Cellular South, Inc. v. Merrill Lynch, Pierce, Fenner & Smith Inc.
District Court, S.D. New York
Decided August 13, 2012No. 10 Civ. 2653(LAP); No. 09 MD 2030 (LAP)PublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER
LORETTA A. PRESKA, Chief Judge:
Plaintiff, Cellular South, Inc. (“Cellular South” or “Plaintiff’), brings this action alleging federal and state causes of action against Defendant Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill”). The action alleges that Defendant’s activities related to certain auction rate securities (“ARS”) purchased by Plaintiff ran afoul of the law. Merrill served as the underwriter, placement agent, and auction dealer of the relevant ARS at issue in this case. Merrill moves to dismiss the First Amended Complaint (“Compl.”) under Fed.R.Civ.P.…
2Cases cited26 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2007
- Rombach v. ChangCourt of Appeals for the Second Circuit · 2004
- Goldstein v. PatakiCourt of Appeals for the Second Circuit · 2008
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3Cited by2 opinions
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