New York’s Highest Court Considers Investors’ Rights to Recover Losses for Negligence and Breach of Contract
In the pending appeal of Assured Guaranty v. J.P.
Morgan, Inc., the Appellant, J.P. Morgan, is seeking a court determination that investors are
preempted from and otherwise prevented from pursuing claims for non-fraud civil causes of action such as
negligence, breach of contract, and breach of fiduciary duty. The Public Investors Bar Association
has submitted a Brief Amicus Curiae in opposition to the
Appellant’s position, and it is anticipated that J.P. Morgan will be unsuccessful on its appeal.
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