Get 40% Off
👀 👁 🧿 All eyes on Biogen, up +4,56% after posting earnings. Our AI picked it in March 2024.
Which stocks will surge next?
Unlock AI-picked Stocks

Exasperated U.S. appeals court tosses bigger Argentina bond class

Published 09/16/2015, 02:25 PM
Updated 09/16/2015, 02:25 PM
© Reuters. A man walks past a poster with pictures of Argentina's President Fernandez de Kirchner and U.S. for the Southern District of New York Judge Griesa, depicted as Uncle Sam, near the Argentine Congress in Buenos Aires

By Jonathan Stempel

NEW YORK (Reuters) - A U.S. appeals court on Wednesday rebuked the federal judge overseeing litigation stemming from Argentina's sovereign debt default nearly 14 years ago, and threw out his expansion of one class action of bondholders suing the country.

By a 3-0 vote, the 2nd U.S. Circuit Court of Appeals in New York said U.S. District Judge Thomas Griesa erred in enlarging a euro-denominated bond class action to cover investors who held the bonds at any time, not just for a continuous defined period.

The appeals court ordered Griesa to make specific findings as to which bondholders are entitled to damages and how much, or else to consider awarding damages individually.

Circuit Judge Richard Wesley said the decision marked the fourth time the appeals court reviewed, and rejected, Griesa's methods of calculating damages or defining bondholder classes.

He said the latest expansion would have made it too hard to determine who belonged in the class because the bonds are traded frequently, and because some investors may decide to "opt out," or not join, any class action.

"Defining the precise class to which Argentina owes damages for its refusal to meet its bond payment obligations and calculating those damages have proven to be exasperating tasks," Wesley wrote.

Wednesday's decision is part of litigation by Argentina bondholders seeking full repayment after the country's roughly $100 billion default at the start of 2002. Argentina defaulted again on some bonds in July 2014.

Plaintiffs led by Henry Brecher were seeking damages of about 68 million euros ($77 million) in the eurobond case.

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

"We're very pleased with the court's ruling," Carmine Boccuzzi, a lawyer for Argentina, said in an interview. "The 2nd Circuit makes clear that plaintiffs cannot use the class mechanism to avoid their obligation to prove actual damages."

Jason Zweig, a lawyer for the bondholders, was not immediately available for comment.

The case is Brecher v. Argentina, 2nd U.S. Circuit Court of Appeals No. 14-4385.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.