Legal Opinion

William Beaumont Hospital System v. Morgan Stanley & Co., LLC

Court of Appeals for the Sixth Circuit

Decided January 26, 2017No. Case 16-1135UnpublishedCited by 13 opinions

1Opinion of the Court

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiff William Beaumont Hospital (“Beaumont”) and defendants Morgan Stanley and Goldman Sachs entered into a structured-debt-issuance agreement for auction-rate securities (“ARS”) in March 2006 to finance a hospital-renovation project.

Defendants, as underwriters for the debt, agreed to purchase and to make a public offering of the ARS. Pursuant to the agreement and related disclosures, defendants had a practice of submitting cover bids in the ARS market. In 2007, many ARS auctions failed as the economy slowly deteriorated leading up to the 2008…

2Cases cited8 opinions

  1. Paul Bender, George and Diane Decarlo v. Southland CorporationCourt of Appeals for the Sixth Circuit · 1984
  2. Hi-Way Motor Co. v. International Harvester Co.Michigan Supreme Court · 1976
  3. Republic Bank & Trust Company v. Bear Stearns & Company., Inc.Court of Appeals for the Sixth Circuit · 2012
  4. Frank v. Dana Corp.Court of Appeals for the Sixth Circuit · 2008
  5. Louisiana School Employees' Retirement System v. Ernst & Young, LLPCourt of Appeals for the Sixth Circuit · 2010

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3Cited by13 opinions

  1. Amir v. AmGuard Insurance CompanyDistrict Court, E.D. Michigan · 2022
  2. Bush Truck Leasing, Inc. v. Cummins, Inc.District Court, S.D. Ohio · 2020
  3. Catalus Capital USVI, LLC v. The ServiceMaster Company, LLCDistrict Court, Virgin Islands · 2019
  4. Grimm v. Country Roads Minerals, LLCDistrict Court, E.D. Kentucky · 2020
  5. Heath v. Highlift Equipment, Ltd.District Court, S.D. Ohio · 2020

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