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United States Second Circuit


O'Donnell v. AXA Equitable Life Insurance Company, 17-1085

Reversing a district court judgment granting the dismissal of the putative class action claim brought by a variable annuity policy holder alleging breach of contract by an insurance company that introduced a volatility management strategy without ensuring full compliance with state law because a holder's passive retention of a security following a misrepresentation of which the holder is unaware lacks the nexus requirement of the Securities Litigation Uniform Standards Act.

Appellate Information

  • Published 2018/04/10

Judges

  • PARKER

Court

  • United States Second Circuit

Counsel

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