Swan did not, however, recall making any inquiry of CBOT or LDOT with regard to their investigations of Bache. Swan, in his deposition, testified that he had served plaintiffs' second document demand, calling specifically for documents relating to regulatory body investigations, because he had noticed among the documents produced in response to the first request those relating to CBOT and LDOT investigations. For the reasons below, we vacate the judgment dismissing the claims against S & C and remand for further consideration by the district court. On appeal, plaintiffs contend principally that summary judgment was inappropriate because the question of whether their reliance was justifiable raised a genuine issue of material fact and they contend that the orders with regard to their former attorney should be set aside. The district court granted summary judgment dismissing the complaint against S & C on the ground that plaintiffs could not show justifiable reliance on the challenged nondisclosure it barred plaintiffs' former attorney from representing them and receiving a contingent fee in the present action because he would be an essential witness at trial. ("Bache"), and (2) voiding agreements relating to plaintiffs' representation in the present action by their former attorney. 392, principally (1) dismissing so much of their second amended complaint as charged defendant Sullivan & Cromwell ("S & C") with fraudulent nondisclosure during discovery in a prior action by plaintiffs against S & C's client, defendant Prudential-Bache Securities, Inc. Plaintiffs Edward Cresswell, et al., appeal from a final judgment of the United States District Court for the Southern District of New York, Robert W. United States Court of Appeals, Second Circuit.Īrgued Jan. SULLIVAN & CROMWELL and Prudential-Bache Securities, Inc., Defendants-Appellees. Wilson, Plaintiffs-Appellants, Damer Harrisson, S.A., Plaintiff. Wallace, Jan Wallin, Patricia Wilkinson, as Executrix, and Gord N. Mather, Malcolm Milton, Gregoire Mozdyniewicz, Collin David Parker, Pezco Overseas, Inc., John Pirie, Matthew H. Knight, Pierre Lamarche, Roger Landau, Andrew Lewis, Horace G.
Hawkins, Patricia Hawkins, Spencer Hayes, Hilary Corporation, Inc., Anthony Hyde, Izrada, S.A., Gordon Walter James, Joval Investments Ltd., Jad Kabban, Philip J. George, Verity Anne Gibbons, Robert Grant, Polly Gregory, A.D. Dwivedi, Lars Feuk, Fletcher Investments Ltd., John H. Edward CRESSWELL, Agriconsultants Incorporated, American Growth Properties Management Company Ltd., Eric Appleton, Befors Finance Ltd., John Bird, Nora Bird, Peter Burkhardt, Peter Byk, John A.L.
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