A federal judge has dismissed a securities fraud suit against Merrill Lynch and six of its subsidiaries, citing the "profound" downturn in the mortgage market as the more likely cause of the plaintiffs' woes and noting that securities fraud plaintiffs "must do more than show motive and opportunity" to prove scienter. The suit was brought by two real estate investment trusts that said Merrill Lynch's false statements led them to invest $26 million into mortgage-backed securities riddled with problem accounts.
Mortgage Downturn Cited in Dismissal of Securities Case Against Merrill Lynch
The Legal Intelligencer
August 28, 2009