On September 28, 2011, Judge Pauley of the Southern District of New York dismissed a suit brought by Ladesbank Baden-Wuerttemberg against Goldman Sachs & Co. and TCW Asset Management alleging common law fraud, negligent misrepresentation, and unjust enrichment in connection with the sale of $37 million in CDO notes collateralized by RMBS. The Court found that Plaintiff’s allegations failed to satisfy the heightened pleading standard for fraud claims, and that because the securities were sold pursuant to a purchase agreement, recovery under unjust enrichment was precluded. Additionally, the Court found that Plaintiff’s negligent misrepresentation claims failed because information regarding the securities at issue was readily available in public SEC filings. Decision.
Goldman Sachs
ACA Files Abacus Suit Against Goldman Sachs in New York State Court
ACA Financial Guaranty Corp. filed suit on January 6, 2011 against Goldman Sachs, alleging fraud and unjust enrichment in connection with the Abacus 2007-AC1 collateralized debt obligation. ACA alleges Goldman designed the securitization to benefit Paulson & Co., who shorted the portfolio, and deceived ACA into believing that Paulson & Co. was an equity investor in the portfolio. ACA insured senior tranches and also invested in the Abacus notes. Complaint.