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CAIOLA v. CITIBANK, N.A., NEW YORK

Docket No. 01-7545.

295 F.3d 312 (2002)

Louis S. CAIOLA, Plaintiff-Appellant, v. CITIBANK, N.A., NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 27, 2002.

Attorney(s) appearing for the Case

Philip C. Korologos, (David Boies, Eric Brenner, on the brief), Boies, Schiller & Flexner, Armonk, NY, for plaintiff-appellant, Louis S. Caiola.

Rory O. Millson, (Thomas G. Rafferty, on the brief), Cravath, Swaine & Moore, New York City, for defendant-appellee, Citibank, N.A., New York.

BEFORE: SACK, B.D. PARKER, and GIBSON, Circuit Judges.

B.D. PARKER Jr., Circuit Judge.

Plaintiff-appellant Louis S. Caiola brought federal securities fraud and state law claims against defendant-appellee Citibank, N.A., New York arising from extensive physical and synthetic investments. The District Court (Denise L. Cote, Judge) granted Citibank's motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6), finding that Caiola lacked standing under Rule 10b-5 to allege a violation of section...

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