United States Second Circuit

In defendants' appeal from the district court's grant of plaintiffs' motion to remand plaintiffs' securities class action to state court, the appeal is dismissed where the fact that plaintiffs sought enforcement of a term of the pooling and servicing agreements at issue - trust agreements similar to bond indentures in many respects - did not affect the court's conclusion that the suit was not removable under the Class Action Fairness Act.

Appellate Information

• Argued 02/11/2010
• Decided 04/20/2010
• Published 04/20/2010

Judges

• GERARD E. LYNCH, Circuit Judge:, Before: LIVINGSTON and LYNCH, Circuit Judges, and STANCEU, Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• David Grais (J. Bruce Boisture and Owen L. Cyrulnik, on the brief), Grais & Ellsworth LLP, New York, NY, for Plaintiffs-Appellees., Matthew Shors (Walter Dellinger, Irving L. Gornstein, Kathryn E. Tarbert, Micah W.J. Smith, and William J. Sushon, on the brief), O'Melveny & Myers LLP, Washington, D.C., and New York, NY, for Defendants-Appellants.