United States Eleventh Circuit

In an action against an investment bank, claiming damages due to violations of federal and state securities laws, breach of fiduciary duty, and constructive fraud, dismissal of the complaint is affirmed where: 1) the district court properly relied on an agreement outside the pleadings because it undeniably determined the terms of the relationship between the parties; and 2) the agreement explicitly stated that defendant was not acting as an adviser or fiduciary to plaintiff.

Appellate Information

• Decided 03/25/2010
• Published 03/25/2010

Judges

Court

• United States Eleventh Circuit

Counsel