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SILVER OAK CAPITAL L.L.C. v. UBS AG

4672, 603750/08.

82 A.D.3d 666 (2011)

920 N.Y.S.2d 325

SILVER OAK CAPITAL L.L.C. et al., Respondents-Appellants, v. UBS AG et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 31, 2011.

The bar order issued in a federal class action that expressly relieved defendants from further liability for claims arising from the collapse of a certain dishonest scheme does not preclude plaintiffs' claims, to the extent plaintiffs' claims are based on different legal theories (and facts further to those in common with the class members' claims) and independent damages (see Gerber v MTC Elec. Tech. Co., Ltd., 329 F.3d 297 ...

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