On January 12, 2016, the Appellate Division, First Department, of the New York State Supreme Court affirmed a trial court order granting Morgan Stanley's motion to dismiss claims brought by Dexia SA's subsidiary FSA Asset Management LLC ("FSAM"). Plaintiffs asserted fraud claims against Defendants based on allegations that Defendants knowingly misrepresented the quality of more than $626 million in RMBS sold by Morgan Stanley to Plaintiffs in 2006 and 2007. The Court's ruling rested on a recent New York Court of Appeals decision holding that the right to assert a fraud claim related to a contract or note does not automatically transfer with the respective contract or note, and that there must be some language to evince that intent and transfer such rights. Specifically, the Court found that FSAM's agreement to deliver "all right, title and interest" in the RMBS to the Dexia Plaintiffs did not transfer the right to bring fraud claims. The Court also concluded that FSAM could not establish damages because it received from the Dexia Plaintiffs the same amount it originally paid for the securities. Opinion.
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