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INSTITUTO DE PREVISION MILITAR v. MERRILL LYNCH

No. 07-15079.

546 F.3d 1340 (2008)

INSTITUTO DE PREVISION MILITAR, Plaintiff-Appellant, v. MERRILL LYNCH, Eduardo Coloma, Merrill Lynch, Pierce, Fenner & Smith, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 29, 2008.

Attorney(s) appearing for the Case

Juan A. Gonzalez, J. Randolph Liebler, Frank Patrick Cuneo, Barbara Viniegra, Liebler, Gonzalez & Portuondo, P.A., Alexander Oscar Lian, Miami, FL, for Plaintiff-Appellant.

Patricia Anne Gorham, Terry R. Weiss, Ellen B. Cohen, Sutherland, Asbill & Brennan, LLP, Atlanta, GA, David Scott Mandel, Mandel & Mandel, LLP, Miami, FL, for Defendants-Appellees.

Before BIRCH and MARCUS, Circuit Judges, and FORRESTER, District Judge.

MARCUS, Circuit Judge:

The central question presented on appeal is whether the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") bars the appellant, Instituto de Prevision Militar ("IPM"), from pursuing state law claims against Merrill Lynch & Co. and its affiliates for their role in a fraud committed on IPM by Pension Fund of America, L.C. ("PFA"), a non-party to this action. In a nutshell, PFA allegedly defrauded investors throughout Latin America...

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