Dcd Programs, Ltd. v. Michael W. Leighton, Hill, Farrer & Burrill

Good Law
846 F.2d 526·1988 WL 45481·11 Fed. R. Serv. 3d 223·1988 U.S. App. LEXIS 6272
United States Court of Appeals for the Ninth CircuitMarch 31, 198886-6546California872 words

Opinion

Opinion

ORDER

I.

This order arises as the result of an appeal in this case regarding whether the district court abused its discretion in denying plaintiffs leave to file a fourth amended complaint. The court has filed its opinion, DCD Programs, Ltd. v. Leighton, 833 F.2d 183 (9th Cir.1987), reversing that decision.

II.

The case in chief involved a suit by a number of limited partnerships seeking damages from numerous individuals and corporate defendants alleging violation of both federal and state securities laws for offering and selling investment contracts in derogation of the registration and anti-fraud provisions of the securities acts.

Hill, Farrer & Burrill (HFB), a law firm, was not named as a defendant in the original complaint. Subsequently plaintiffs sought to include HFB as a defendant, believing that the law firm violated the securities laws through material misrepresentations and omissions in the tax opinions they authored to the limited partnerships. HFB was added as a defendant in the third amended complaint after obtaining leave to amend from the court.

HFB then brought a motion to dismiss the claims against them pursuant to Fed.R. Civ.P. 12(b)(6). The motion was…

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