Securities Claim Against UBS Based on RMBS Credit Ratings Allegations Revived

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On July 22, Judge Denise Casper of the United States District Court for the District of Massachusetts permitted plaintiff Capital Ventures International to pursue Massachusetts Uniform Securities Act claims against UBS Securities, LLC alleging that UBS made misrepresentations concerning credit ratings in connection with over $109 million in RMBS. The court had previously dismissed these claims, but permitted Capital Ventures to amend them, and UBS again moved to dismiss. Despite its conclusion that credit ratings are statements of opinion, the court held that Capital Ventures could pursue MUSA claims relating to those ratings because the complaint adequately alleged that UBS did not subjectively believe the opinions reflected by the credit ratings when it included them in the offering documents at issue. Specifically, Capital Ventures alleged that UBS knew the data regarding the loans on which the ratings allegedly were premised was faulty, and therefore could not have believed the ratings that were issued. Order.


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