AMERICAN INTERN. GROUP, INC. v. BANK OF AMERICA

Docket No. 12-1640-cv.

712 F.3d 775 (2013)

AMERICAN INTERNATIONAL GROUP, INC., AIG Securities Lending Corporation, American General Assurance Company, American General Life and Accident Insurance Company, American General Life Insurance Company, American General Life Insurance Company of Delaware, American Home Assurance Company, American International Group Retirement Plan, Chartis Property Casualty Company, Chartis Select Insurance Company, Chartis Specialty Insurance Company, Commerce and Industry Insurance Company, First Sunamerica Life Insurance Company, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA, New Hampshire Insurance Company, Sunamerica Annuity and Life Assurance Company, Sunamerica Life Insurance Company, The Insurance Company of The State of Pennsylvania, The United States Life Insurance Company in the City of New York, The Variable Annuity Life Insurance Company, Western National Life Insurance Company, Plaintiffs-Appellants, v. BANK OF AMERICA CORPORATION, Banc of America Securities LLC, Bank of America, National Association, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Asset Backed Funding Corporation, NB Holdings Corporation, Merrill Lynch & Co., Inc., Merrill Lynch Mortgage Lending, Inc., First Franklin Financial Corporation, Merrill Lynch Mortgage Capital Inc., Merrill Lynch Credit Corporation, Merrill Lynch, Pierce, Fenner & Smith Inc., Merrill Lynch Mortgage Investors, Inc., Countrywide Financial Corporation, Countrywide Home Loans, Inc., Countrywide Securities Corporation, CWABS, Inc., Countrywide Capital Markets LLC, CWALT, Inc., CWHEQ, Inc., CWMBS, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 19, 2013.


Attorney(s) appearing for the Case

Kathleen M. Sullivan ( Michael B. Carlinsky , Maria Ginzburg , Sanford I. Weisburst , William B. Adams , on the brief) Quinn Emanuel Urqhart & Sullivan, LLP, New York, NY, for plaintiffs-appellants.

Fred A. Rowley, Jr. ( Marc T.G. Dworsky , Michael J. Mongan , Munger, Tolles & Olson LLP, Los Angeles, CA; Amy J. Greer , James C. Martin , Colin E. Wrabley , Reed Smith LLP, New York, NY, on the brief), for defendants-appellees.

Before: LEVAL, POOLER, LIVINGSTON, Circuit Judges.


LEVAL, Circuit Judge:

This is an interlocutory appeal of a question certified by the United States District Court for the Southern District of New York (Jones, J.) under 28 U.S.C. § 1292(b), calling for interpretation of the jurisdictional provisions of the Edge Act, 12 U.S.C. § 632. In a suit brought in a New York state court, which was removed by Defendants to federal court under 28 U.S.C. § 1441(a), Plaintiffs appeal from the district court...

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