National Western Life Insurance v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

SUMMARY ORDER

I. Choice of Law

Because this is a diversity case, the forum state’s choice of law rules govern. Krauss v. Manhattan Life Ins. Co., 643 F.2d 98, 100 (2d Cir.1981). Under New York conflict of law principles, fraud claims are governed by the state in which the injury is deemed to have occurred, which is usually where the plaintiff is located, Sack v. Low, 478 F.2d 360, 366 (2d Cir.1973) (Friendly, J.), in this case, Texas.

II. Valuation of the Cooperative (Claims Dismissed under Rule 12(b)(6))

The district court granted Merrill Lynch’s Rule 12(b)(6) motion to dismiss National…