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DEMINGS v. NATIONWIDE LIFE INS. CO.

No. 08-4476.

593 F.3d 486 (2010)

Jerry L. DEMINGS, Sheriff of Orange County, Florida, in his official capacity, individually, and on behalf of all others similarly situated, Plaintiff-Appellant, v. NATIONWIDE LIFE INSURANCE CO., Nationwide Retirement Solutions, Inc., and Nationwide Financial Services, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 3, 2010.

Attorney(s) appearing for the Case

ARGUED: Roger L. Mandel, Beckham & Mandel, Dallas, Texas, for Appellant. Charles C. Platt, Wilmer Hale, New York, New York, for Appellees. ON BRIEF: Roger L. Mandel, Beckham & Mandel, Dallas, Texas, Allen C. Engerman, Law Offices of Allen C. Engerman, PA, Boca Raton, Florida, Jeffrey C. Engerman, Law Offices of Jeffrey C. Engerman, PC, Los Angeles, California, for Appellant. Charles C. Platt, Wilmer Hale, New York, New York, Daniel H. Squire, Mark L. Bieter, Heath A. Brooks, Wilmer Hale, Washington, D.C., Quintin F. Lindsmith, Vladimir P. Belo, Bricker & Eckler LLP, Columbus, Ohio, for Appellees.

Before: O'CONNOR, Associate Justice (Ret.); GILMAN and GIBBONS, Circuit Judges.

OPINION

SANDRA DAY O'CONNOR, Associate Justice (Retired).

The Securities Litigation Uniform Standards Act of 1998 (SLUSA), Pub.L. No. 105-353, 112 Stat. 3227, "provides that private state-law `covered' class actions alleging untruth or manipulation in connection with the purchase or sale of a `covered' security may not `be maintained in any State or Federal court.'" Kircher v. Putnam Funds Trust, 547 U.S. 633, 636-37...

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