SLATER v. A.G. EDWARDS & SONS, INC.

No. 11-2170.

719 F.3d 1190 (2013)

Kenneth Z. SLATER; W. Allen Gage; Nicholas F. Aldrich, Sr., individually and on behalf of the Aldrich Family; Donald Smith, on behalf of plaintiff and all others similarly situated; Elaine Snydman; Denis Roy Gonsalves; David Sedlmyer; Betty L. Manning; and John Learch, Plaintiffs-Appellants, v. A.G. EDWARDS & SONS, INC.; BB & T Capital Markets, a division of Scott & Stringfellow, Inc.; Citigroup Global Markets, Inc.; Oppenheimer & Company, Inc.; RBC Dain Rauscher Corp.; Stifel, Nicolaus & Company, Inc.; FBR Capital Markets & Co., formerly known as Friedman, Billings, Ramsey & Co.; Bear, Stearns & Company, now J.P. Morgan Securities Inc.; and UBS Securities LLC, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 9, 2013.


Attorney(s) appearing for the Case

Andrew L. Zivitz , Kessler Topaz Meltzer & Check, LLP, Radnor, PA ( Benjamin J. Sweet , Christopher L. Nelson , Michelle M. Newcomer , and Richard A. Russo, Jr. , Kessler Topaz Meltzer & Check, LLP, Radnor, PA, and Betsy C. Manifold and Patrick H. Moran , Wolf Haldenstein Adler Freeman & Herz LLP, San Diego, CA, and Turner W. Branch and Cynthia L. Zedalis , Branch Law Firm, Albuquerque, NM, with him on the briefs), Attorneys for Appellants.

Jonathan C. Dickey , Gibson, Dunn & Crutcher LLP, New York, NY ( Sapna Desai , Gibson, Dunn & Crutcher LLP, New York, NY, and Blaine H. Evanson , Gibson Dunn & Crutcher LLP, Los Angeles, CA, with him on the brief), for Appellees A.G. Edwards & Sons, Inc., BB & T Capital Markets, Citigroup Global Markets Inc., Oppenheimer & Company, Inc., RBC Dain Rauscher Corp., and Stifel, Nicolaus & Co., Inc., and Steven M. Farina (Margaret A. Keeley and Allison B. Jones with him on the brief), Williams & Connolly LLP, Washington, DC, for Appellee FBR Capital Markets & Co., formerly known as Friedman, Billings, Ramsey & Co., and David C. Bohan, David Stagman, Laura A. Brake and John F. Anzelc, Katten Muchin Rosenman LLP, Chicago, IL, on the brief for Defendant UBS Securities LLC and Appellee Bear, Stearns & Company, now J.P. Morgan Securities LLC.

Before TYMKOVICH, HOLLOWAY, Senior Judge, and HOLMES, Circuit Judges.


TYMKOVICH, Circuit Judge.

Thornburg Mortgage, Inc. was an originator and purchaser of home loans and one of the many casualties of the 2007-2009 financial crisis. Cut off from its usual sources of financing, Thornburg attempted to raise new capital through a series of stock offerings in 2007 and early 2008. But as the mortgage market continued to sour, Thornburg's problems mounted and the value of its stock declined. Investors...

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