United States Tenth Circuit
Anderson v. Merrill Lynch Pierce Fenner & Smith, Inc., 07-2132
In a class action brought by shareholders of a now-defunct New Mexico corporation against Merrill Lynch, grant of defendant's Rule 12(b)(6) motion to dismiss is affirmed where: 1) plaintiffs' claims were precluded under the Securities Litigation Uniform Standards Act (SLUSA) and plaintiffs did not have to allege scienter or reliance for SLUSA to apply; and 2) there was no abuse of discretion in refusing to grant plaintiffs leave to amend their complaint.
Appellate Information
- Decided 04/07/2008
- Published 04/08/2008
Judges
- BRISCOE, Circuit Judge., Before HENRY, Chief Circuit Judge, BRISCOE, and HOLMES, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Clinton W. Marrs, Vogel Campbell & Blueher, P.C., Albuquerque, New Mexico, (Michael W. Wile, Vogel Campbell & Blueher, P.C., Albuquerque, NM; Charles A. Pharris and James L. Rasmussen, Keleher & McLeod, P.A., Albuquerque, New Mexico, with him on the briefs), for Plaintiffs-Appellants.
- For Appellees:
- Charles A. Gall (Joel R. Sharp with him on the brief), Hunton & Williams, LLP, Dallas, Texas, for Defendant-Appellee.