No. 22-568

Jeffrey A. Cochran v. The Penn Mutual Life Insurance Company, et al.

Lower Court: Eleventh Circuit

Docketed: 2022-12-20

Status: Denied

Type: Paid

Response Waived

Tags: artful-pleading circuit-split class-action federal-preemption material-fact material-facts misrepresentation securities-litigation securities-litigation-uniform-standards-act securities-regulation slusa

Latest Conference: 2023-02-17

Question Presented (from Petition)

1. Whether SLUSA bars a state-law class action "alleging a misrepresentation or omission of a material fact" when the complaint contains no such allegations.

2. Whether SLUSA bars a state-law class action "alleging a misrepresentation or omission of a material fact" when it is unlikely that an issue of fraud will arise in the course of the litigation.

3. Whether SLUSA bars a state-law class action "alleging a misrepresentation or omission of a material fact" when the claim requires no such proof.

4. Whether SLUSA bars a state-law class action "alleging a misrepresentation or omission of a material fact" when all parties have agreed that all material facts were disclosed.

Question Presented (AI Summary)

Whether SLUSA bars a state-law class action 'alleging a misrepresentation or omission of a material fact' when the complaint contains no such allegations