United States First Circuit

In plaintiffs' suit against defendant broker, Citigroup Global Markets, Inc., claiming that defendant misrepresented the purchased auction-rate securities as entirely liquid money market investments, seeking rescission of the transactions, restitution of the consideration paid, and damages, the judgment of the district court is affirmed where: 1) there is no abuse of discretion in the district court's decision to withhold preliminary injunctive relief; and 2) plaintiffs' appeal from the district court's order compelling arbitration is dismissed for lack of jurisdiction, as even assuming that pendent appellate jurisdiction could ever be exercised in the arbitrability context, there is no basis for exercising it in this case.

Appellate Information

• Decided 10/12/2010
• Published 10/12/2010

Judges

• HOWARD

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Barry S. Pollack, Charles E. Davidow