On August 18, 2015, the New York Appellate Division's First Department held that ACA Financial Guaranty Corp. adequately pled its fraud suit against Goldman Sachs Group Inc. A four-judge panel held that ACA sufficiently alleged that Goldman Sachs' allegedly false statements about hedge fund Paulson & Co.'s short position on the Abacus collateralized debt obligation transaction were material, that the statements were made with the requisite intent, and that ACA would not have provided the financial guaranty for the deal had it known the truth. The case had been remanded from the New York Court of Appeals, which had overturned the First Department's prior decision to grant Goldman Sachs' motion to dismiss. Order.
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