United States Sixth Circuit

Dismissal and summary judgment for defendants-banks on claims seeking to recover costs incurred under two derivative interest rate "swap" agreements is affirmed over challenges to: 1) dismissal of an intentional misrepresentation claim; 2) dismissal, on statute of limitations grounds, of a claim made under a state consumer protection law; 3) summary judgment on a negligence claim; and 4) a finding that defendants were entitled to indemnification from plaintiff.

Appellate Information

• Decided 05/17/2006
• Published 05/17/2006

Judges

• Before:  GUY, DAUGHTREY, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Cannon F. Allen, Armstrong Allen, Memphis, Tennessee, for Appellant.  S. Lawrence Polk, Sutherland, Asbill & Brennan, Atlanta, Georgia, for Appellees.   ON BRIEF:  Cannon F. Allen, Amy M. Pepke, Sara Falkinham, Armstrong Allen, Memphis, Tennessee, for Appellant.   S. Lawrence Polk, Elena C. Parent, Sutherland, Asbill & Brennan, Atlanta, Georgia, for Appellees.