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

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

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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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