David Lawrence, Individually and on Behalf of all Others Similarly Situated, Plaintiff, Camcorp Interests Limited, Plaintiff-Appellant, Alaska Electrical Pension Fund, Northern Ireland Local Government Officers’ Superannuation Committee, Movants-Appellants, v. Bank of America Corporation, Brian T. Moynihan, Charles H. Noski, Neil A. Cotty, Bruce R. Thompson, Defendants-Appellees.
No. 13-4422-cv.
United States Court of Appeals, Second Circuit.
May 19, 2014.
93 F.3d 93
In re BANK OF AMERICA AIG DISCLOSURE SECURITIES LITIGATION.
We have also analyzed Caruso-Famiglietti‘s due process claim under the framework set forth in Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976). Weighing all of the Mathews factors in the balance, Caruso-Famiglietti has not plausibly alleged a procedural due process violation.
We have considered Caruso-Famiglietti‘s remaining arguments and find them to be without merit. For the reasons stated above, the judgment of the district court is AFFIRMED.
Jason Zweig, Hagens Berman Sobol Shapiro LLP (Steve W. Berman, Reed Katherine, on the brief), Seattle, WA, for Appellants.
George M. Garvey, Munger Tolles & Olson LLP, Los Angeles, CA (Marc T.G. Dworsky, Joshua Patashnik, Munger Tolles & Olson LLP, Los Angeles, CA; Luke A. Connelly, Winston & Strawn LLP, New York, NY, on the brief), for Appellees.
Present: ROSEMARY S. POOLER, REENA RAGGI, and RICHARD C. WESLEY, Circuit Judges.
SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the
Plaintiff Camcorp Interests Limited and movants Alaska Electrical Pension Fund and Northern Ireland Local Government Officers’ Superannuation Committee (collectively, “Camcorp“), appeal the November 7, 2013 judgment, entered pursuant to the November 4, 2013 opinion and order of the United States District Court for the Southern District of New York (Koeltl, J.), granting the motion to dismiss brought by defendants Bank of America Corporation, Brian T. Moynihan, Charles H. Noski, Neil A. Cotty, and Bruce R. Thompson (collectively, “Bank of America“). On appeal, Camcorp principally asserts that the district court erred in determining, inter alia, that Camcorp‘s Second Amended Complaint (the “SAC“) failed to plausibly allege materially false statements made by Bank of America based on Accounting Standards Codification (“ASC“) 450. Camcorp also argues that the district court erred in determining that the SAC failed to adequately allege that Bank of America acted with the requisite scienter in making these misleading statements. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.
We review the dismissal of a complaint pursuant to
Even assuming, arguendo, that Camcorp pleaded a colorable allegation that ASC 450 required Bank of America to disclose with particularity the existence of a potential lawsuit against it by American International Group we conclude, like the district court, that the SAC does not plausibly allege circumstantial evidence of conscious misbehavior. Like the district court, we note that Camcorp must adequately allege conduct that was “highly unreasonable.” Id. (internal quotation marks omitted). And on this point, we agree with the district court‘s following conclusion.
[T]he allegations in the [SAC] do not support a cogent inference that defendants’ conduct was highly unreasonable and violative of a known or obvious duty. The much more compelling conclusion is that the defendants did not think there was any need for public disclosure in view of the information already in the marketplace, the aggregate disclosure of [Bank of America]‘s findings, and the lack of any definitive regulatory requirement requiring the disclosure of a possible lawsuit of indeterminate amount.
We have considered the remainder of Camcorp‘s arguments, and find them to be without merit. Accordingly, the judgment of the district court hereby is AFFIRMED.