District court’s dismissal of plaintiff-trust accounts beneficiary’s class action against bank and its holding company on state-law claims of breach of fiduciary duty and breach of contract is affirmed as the Securities Litigation Uniform Standards Act of 1998 bars plaintiff’s claims.     

Read Segal v. Fifth Third Bank, N.A., No. 08-3576

Appellate Information

Argued:June 11, 2009

Decided and Filed: September 17, 2009

Judges

Opinion by Judge Sutton

Counsel

For Appellant:  David A.P. Power, Law Office, New York

For Appellee:  Patrick F. Fischer, Keating Muething & Klekamp PLL, Cincinnati, Ohio

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