United States Second Circuit

Denial of motion for remand of class-action complaint, which contains state law claims, and dismissal on ground that complaint was wholly preempted by the Securities Litigation Uniform Standards Act of 1998, is vacated. A Children's Term Rider, that is not by itself a "covered security" under the Securities Litigation Uniform Standards Act of 1998, does not become a covered security and thus subject to SLUSA removal and dismissal when it is attached to a variable life insurance policy falling within the definition of a "covered security."

Appellate Information

• Decided 04/06/2007
• Published 04/06/2007

Judges

• POOLER, Circuit Judge., Before JACOBS, Chief Judge, STRAUB and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joshua N. Rose, Rose & Rose, P.C. (Terri N. Marcus, on the brief), Washington, DC, for Plaintiff-Appellant.


• For Appellees:
  
• John F. Cambria, Alston & Bird LLP, New York, NY, for Defendants-Appellees.