Most efforts to hold ratings agencies liable for the financial crisis have failed, but on Jan. 3 two institutional investors got the green light to proceed with claims that ratings agencies misled them about a $1.1 billion structured investment vehicle called Rhinebridge Plc. The plaintiffs will also be able bring claims against Morgan Stanley, which structured and marketed Rhinebridge, although their claims were narrowed by the judge.

Southern District Judge Shira Scheindlin ruled that the two institutional investors—The Iowa Student Loan Liquidity Corp. and King County, Washington—can go to trial with fraud claims against Moody’s Corp., Fitch Ratings Inc., and Standard & Poor’s Financial Services LLC, which all gave Rhinebridge their top rating. In addition, Scheindlin ruled that the investors can seek to hold Morgan Stanley liable for aiding and abetting the rating agencies’ alleged fraud. King County, Washington and Iowa Student Loan Liquidity Corporation v. IKB Deutsche Industriebank AG, 09 Civ. 8387 (SAS).

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