United States Seventh Circuit
Massey v. Merrill Lynch & Co., Inc., 05-3459
Dismissal of action for fraud and breach of fiduciary duty against a financial services company alleging that the company gave an intentionally misleading analysis of a proposed acquisition is affirmed where the plaintiff's claims were derivative in nature and could not be brought by the plaintiffs in their individual capacity.
Appellate Information
- Argued 04/05/2006
- Decided 09/14/2006
- Published 09/14/2006
Judges
- WILLIAMS, Circuit Judge., Before EVANS, WILLIAMS, and SYKES, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Henry J. Price (argued), Ronald J. Waicukauski, Price, Waicukauski Riley & Debrota, Indianapolis, IN, for Plaintiffs-Appellants.
- For Appellees:
- Anne N. DePrez, Barnes & Thornburg, Indianapolis, IN, Gregory A. Markel, Cadwalader, Wickersham & Taft, New York, NY, for Defendant-Appellee.