On October 16, Judge Susan J. Dlott of the United States District Court for the Southern District of Ohio granted in part and denied in part several JPMorgan entities’ motion to dismiss a complaint filed by several Western & Southern Life Insurance entities relating to $202 million in RMBS certificates. Western & Southern asserted 14 causes of action, including claims for violations of the Ohio Securities Act, the Ohio RICO statute, the federal Securities Act of 1933, and for common law fraud, conspiracy, and tortious interference with contract. The court dismissed Ohio Securities Act claims as to certain certificates, finding them time barred under Ohio’s five-year statute of repose. The court declined to dismiss the remaining Ohio Securities Act claims as untimely, holding that when Western & Southern was put on notice of its claims for statute of limitations purposes was a question of fact. The court also held that Western & Southern adequately alleged falsity and scienter with respect to alleged misstatements concerning underwriting guidelines, appraisals, owner occupancy, credit ratings, and title transfer. As to the federal Securities Act claims, the court held that they were time barred under the applicable three-year statute of repose and that Western & Southern could not rely on American Pipe tolling to extend the period for filing its claims. The court dismissed the tortious interference with contract claim on the ground that the claim is not available against a party to the contract at issue. Finally, the Court held that the Ohio RICO claims were sufficiently pled. Order.