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SEGAL v. FIFTH THIRD BANK, N.A.

No. 08-3576.

581 F.3d 305 (2009)

Daniel J. SEGAL, on behalf of himself, his minor children and all others similarly situated, Plaintiff-Appellant, v. FIFTH THIRD BANK, N.A., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 17, 2009.

Attorney(s) appearing for the Case

ARGUED: David A.P. Brower, Law Office, New York, New York, for Appellant. Patrick F. Fischer, Keating Muething & Klekamp PLL, Cincinnati, Ohio, for Appellees. ON BRIEF: David A.P. Brower, Law Office, New York, New York, for Appellant. Patrick F. Fischer, Joseph M. Callow, Jr., Rachael A. Rowe, Brian P. Muething, Keating Muething & Klekamp PLL, Cincinnati, Ohio, for Appellees.

Before SUTTON and GRIFFIN, Circuit Judges; LIOI, District Judge.

OPINION

SUTTON, Circuit Judge.

Daniel Segal challenges the district court's dismissal of this class action, premised on state-law claims of breach of fiduciary duty and breach of contract, against Fifth Third Bank and its holding company, Fifth Third Bancorp. Because the Securities Litigation Uniform Standards Act of 1998 ("SLUSA"), Pub.L. No. 105-353, 112 Stat. 3227, bars Segal's claims, we affirm.

I.

Segal is a beneficiary of trust accounts...

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