U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Countrywide Financial Securities Class Action and Snowmobile Crash Tort Decisions

Guest v. Hansen, No. 08-4642, involved a wrongful death action based on a snowmobile crash on defendant college's property.  The court of appeals affirmed summary judgment for defendant, holding that 1) an administrator of an estate may represent an estate pro se, so long as the estate has no other beneficiaries; and 2) even assuming arguendo that the college had the ability to control off-campus social activities, it was under no obligation to do so.

Greenwich Fin. Servs. Distressed Mortgage Fund 3 LLC v. Countrywide Fin. Corp., No. 09-3660, concerned defendants' appeal from the district court's grant of plaintiffs' motion to remand plaintiffs' securities class action to state court.  The court of appeals dismissed the appeal, on the ground that the fact that plaintiffs sought enforcement of a term of the pooling and servicing agreements at issue - trust agreements similar to bond indentures in many respects - did not affect the court's conclusion that the suit was not removable under the Class Action Fairness Act.

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