United States Eighth Circuit
Kutten v. Bank of America, N.A., 07-3565
Dismissal of plaintiff's class action claims as preempted by the Securities Litigation Uniform Standards Act of 1998 is affirmed where: 1) plaintiffs alleged the same injuries as claimed by parties in a prior Eighth Circuit case, wherein the issue of preemption had already been ruled upon; and 2) plaintiffs failed to distinguish their case from the previous case.
Appellate Information
- Decided 06/16/2008
- Published 06/16/2008
Judges
- SHEPHERD, Circuit Judge., Before MURPHY, BYE, and SHEPHERD, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Richard A. Lockridge, Gregg M. Fishbein, Nathan D. Prosser, Minneapolis, MN, for Plaintiffs/Appellants.
- For Appellees:
- Gregory S. Spencer, San Francisco, CA, James C. Martin, Gregory B. Jordan, Mary J. Hackett, David J. Bird, Pittsburgh, PA, Jeffrey Scott Russell, Elizabeth C. Carver, St. Louis, MO, for Defendants/Appellees.