Northstar Industries, etc. v. Merrill Lynch & Co., No. 08-2480

District court's dismissal of plaintiff's fraudulent representation claim against Merrill Lynch for the balance of a brokerage fee it claimed due is reversed and remanded where plaintiff's claim does not, at the 12(b)(6) stage, fail as a matter of law on the basis of no recoverable damages and, in fact, survives defendant's motion to dismiss.

Read Northstar Industries, etc. v. Merrill Lynch & Co., No. 08-2480

Appellate Information

Submitted: March 11, 2009

Filed: August 17, 2009

Judges

Opinion by Circuit Judge Bright