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COQUINA INVESTMENTS v. TD BANK, N.A.

No. 12-11161.

760 F.3d 1300 (2014)

COQUINA INVESTMENTS, Plaintiff-Appellee, Cross-Appellant, v. TD BANK, N.A., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 29, 2014.

Attorney(s) appearing for the Case

Miguel A. Estrada , Gibson, Dunn & Crutcher LLP, Washington, DC, David Scott Mandel, Nina Stillman Mandel , Camellia Noriega , Jason Brent Savitz , Mandel & Mandel, LLP, Miami, FL, for Plaintiff-Appellee, Cross-Appellant.

Peter James Covington , McGuire Woods , LLP, Charlotte, NC, Lawrence Robbins , Joshua Sean Bolian , Donald J. Russell , Mark Thomas Stancil , Robbins Russell Englert Orseck Untereiner & Sauber, LLP, Washington, DC, Donna M. Evans , Greenberg Traurig, LLP, Boston, MA, Danielle N. Garno , Glenn E. Goldstein , Mark Paul Schnapp , Holly R. Skolnick , Greenberg Traurig, LLP, Fort Lauderdale, FL, Marcos Daniel Jimenez , McDermott Will & Emery, LLP, Miami, FL, for Defendant-Appellant, Cross-Appellee.

Before ANDERSON and GILMAN, Circuit Judges, and JOHNSON, District Judge.

ANDERSON, Circuit Judge:

This case arises out of the billion-dollar Ponzi scheme perpetrated by Scott Rothstein. Plaintiff Coquina Investments ("Coquina") invested with Rothstein and lost over $6.7 million when his scheme collapsed. Defendant TD Bank, N.A. ("TD Bank") was the bank through which Rothstein handled transactions with his investors. Coquina claims that TD Bank made material misrepresentations and took other actions to help Rothstein perpetrate the fraud...

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