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OVERSTOCK.COM, INC. v. GOLDMAN SACHS & CO.

No. A135682.

231 Cal.App.4th 513 (2014)

180 Cal. Rptr. 3d 269

OVERSTOCK.COM, INC., et al., Plaintiffs and Appellants, v. GOLDMAN SACHS & CO. et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

As modified November 25, 2014.

Attorney(s) appearing for the Case

Stein & Lubin, Lubin Olson Niewiadomski, Theodore A. Griffinger, Jr. , Ellen A. Cirangle , Jonathan E. Sommer and Myron Moskovitz for Plaintiffs and Appellants.

Morgan, Lewis & Bockius and Joseph Edward Floren for Defendants and Respondents Goldman Sachs & Co. and Goldman Sachs Execution & Clearing, L.P.

O'Melveny & Myers, Matthew David Powers , Andrew J. Frackman and Abby F. Rudzin for Defendants and Respondents Merrill Lynch, Pierce Fenner & Smith, Inc., and Merrill Lynch Professional Clearing Corporation.

CERTIFIED FOR PARTIAL PUBLICATION*]

OPINION

BANKE, J.—

I. INTRODUCTION

Often, it is the federal courts, applying federal law, that wrestle with claims of cross-state securities fraud involving a nationally listed stock. Here, plaintiffs of various states allege defendants, securities firms headquartered on the East Coast, violated California and New Jersey law through their...

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