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2004 STUART MOLDAW TRUST v. XE L.I.F.E., LLC

No. 08 Civ. 9421 (PKC).

642 F.Supp.2d 226 (2009)

The 2004 STUART MOLDAW TRUST, Norman Ferber Trustee; Susan Moldaw, Executor of the Estate of Stuart Moldaw; Phyllis Moldaw, an individual, Plaintiffs, v. XE L.I.F.E., LLC, a limited liability company; and XE Capital Management, LLC, a limited liability company, Defendants.

United States District Court, S.D. New York.

July 27, 2009.

Attorney(s) appearing for the Case

Imtiaz A. Siddiqui, Cotchett, Pitre & McCarthy, Robert J. Axelrod, Stanley Merrill Grossman, Pomerantz Haudek Block Grossman & Gross LLP, New York, NY, Joseph W. Cotchett, Nancy L. Fineman, Stuart George Gross, Cotchett, Pitre & McCarthy, Burlingame, CA, for Plaintiffs.

Kevin Samuel Reed, Jaimie Leeser Nawaday, Quinn Emanuel Urquhart Oliver & Hedges LLP, New York, NY, for Defendants.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge:

In 2004, Stuart Moldaw and his wife Phyllis were approached by their longtime estate-planning advisor with an interesting proposal: a group of investors would pay the couple a total of $4 million in exchange for their obtaining a number of insurance policies on their lives.1 Advised by accountants and legal counsel, Stuart and Phyllis decided to participate in the plan...

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