A three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled that Moody's Corp., Standard & Poor's, and Fitch Ratings can't be held liable for their ratings of mortgage-backed securities.The full text of the court opinion is available here.
In a decision upholding a lower court's dismissal of the case brought by pension funds in Wyoming and Detroit, the Second Circuit judges wrote that ratings firms provided "merely opinions" about the credit-worthiness of the securities.
Opinions are protected by the First Amendment, a defense the rating firms have often used in the past.
Correcting misconceptions about markets, economics, asset prices, derivatives, equities, debt and finance
Wednesday, May 11, 2011
Credit Rating Firms' Opinions Protected By Free Speech Against Liability
Posted By Milton Recht
From The Wall Street Journal article, "Ratings Firms Notch Legal Victory: Court Finds Raters Can't Be Held Liable for Stances on Mortgage Securities" by Michael Corkery:
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