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BENSON v. JPMORGAN CHASE BANK, N.A.

Nos. 10-17402, 10-17404.

673 F.3d 1207 (2012)

Kimberly BENSON; Karimdad Baloch; and Neerja Jain Gursahaney, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. JPMORGAN CHASE BANK, N.A., individually and as successor in interest of Washington Mutual, Inc., Defendant-Appellee. John Alexander Lowell, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. JPMorgan Chase Bank, N.A., individually and as successor in interest of Washington Mutual, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2012.

Attorney(s) appearing for the Case

Niall P. McCarthy, Cotchett, Pitre & McCarthy, LLP, Burlingame, CA ( Anne Marie Murphy and Aron K. Liang , Cotchett, Pitre & McCarthy, LLP, Burlingame, CA, and Derek G. Howard and Bethany Caracuzzo , Minami Tamaki LLP, San Francisco, CA, with him on the briefs), for the plaintiffs-appellants.

Robert A. Sacks ( Stacey R. Friedman and M. David Possick with him on the briefs), Sullivan & Cromwell LLP, Los Angeles, CA, for the defendant-appellee.

Before: CARLOS F. LUCERO, CONSUELO M. CALLAHAN, and N. RANDY SMITH, Circuit Judges.

OPINION

LUCERO, Circuit Judge:

Plaintiffs, a group of investors defrauded by the "Millennium Ponzi scheme," seek recourse against JPMorgan Chase Bank N.A. ("JPMorgan"). They allege that Washington Mutual, Inc. ("WaMu") aided and abetted the Ponzi scheme by providing banking services to several companies controlled by the scheme's principals despite actual knowledge of the fraud. JPMorgan, they argue, is liable...

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