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Home » Second Circuit Ruling on Statute of Repose in MBS Case Conflicts with Other Circuit, Sets Up SCOTUS Review
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Second Circuit Ruling on Statute of Repose in MBS Case Conflicts with Other Circuit, Sets Up SCOTUS Review

July 12, 2013
A recent decision by the Second Circuit Court of Appeals on a key aspect of the timing of securities lawsuits – squarely at odds with the ruling of another federal appeals court – has called into the question the legal viability of a 40-year-old Supreme Court precedent, prompting expectations that the high court will eventually clarify the conflict. The Second Circuit on June 27 ruled in Police & Fire System of City of Detroit v. IndyMac MBS Inc. to uphold a lower court ruling that blocked retirement systems from intervening in a putative class action that accused several major banks – including IndyMac, Morgan Stanley and Goldman Sachs – of misrepresenting certain MBS. The groups had attempted...
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