On July 31, Justice Anil Singh, a Manhattan Commercial Division judge, dismissed a $1 billion suit filed against various credit ratings agencies alleging fraud connected to the sale of residential mortgage-backed securities prior to the 2008 financial crisis.  According to the court, New York’s six-year statute of limitations barred the lawsuit, which was brought by a group of administrators of an offshore fund established by Bear Stearns Asset Management.

The complaint alleged that the investors lost $1 billion when the ratings agencies failed to downgrade the bonds as the 2008 crisis began. The court rejected their argument that New York’s “continuing harm” doctrine extending the six-year limitations period, finding that the defendants owed no duty to the offshore fund.

The plaintiffs had claimed that the agencies had an ongoing obligation to update their analysis, thereby delaying the accrual of their fraud claim.  The ratings agencies had no duty to the offshore funds, according to the opinion, because they invested all of their assets in the U.S.-based master fund, and the ratings were issued to that particular fund.

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Photo of H. Scott Kelly H. Scott Kelly

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including background screening, consumer reporting, data breaches, ransomware attacks, and related regulatory investigations by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state attorneys general.

Photo of Michael E. Lacy Michael E. Lacy

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO,

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO, and state UDAP laws. He has significant experience litigating and trying corporate governance disputes, including shareholder derivative claims, corporate dissolution cases, and corporate divorce matters. Michael also represents public utility companies in litigation and regulatory matters, including condemnation and land use cases.