Bermuda Supreme Court Waives Hedge Fund Investors’ Claims

Starting off our review of Friday night’s wave of opinions is a hedge fund securities case arising out of the 2008 financial crash. Plaintiffs contended that the defendants had falsely misrepresented that other investors’ redemption requests “were not significant,” leaving them in the lurch when the fund imploded. The trial court granted summary judgment for the defendants, and the Court of Appeals affirmed. Plaintiffs sought to avoid a “scheme of arrangement” issued by the Bermuda Supreme Court that established how the fund was to be liquidated, but the Court of Appeals held that the plaintiffs were bound by that instrument as a foreign judgment. The Court also held that there was no evidence of reliance by the plaintiffs on the defendants’ alleged misrepresentations, concluding that their testimony was speculative on what they would have done if they had been informed of the true rate of redemption.

LV Highland Credit Feeder Fund LLC v. Highland Credit Strategies Fund, LP, No. 05-13-01118-CV