Simpson Thacher Obtains Dismissal of LIBOR Case in Ninth Circuit
12.19.24
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On December 9, 2024, Simpson Thacher secured a win in the Ninth Circuit, when the court affirmed the dismissal with prejudice of a LIBOR conspiracy case filed against client JPMorgan in the Northern District of California.
In 2020, a group of credit card borrowers and loan consumers filed suit against JPMorgan, along with other banks and financial institutions, alleging a conspiracy to fix the LIBOR rate and manipulate the price of LIBOR-linked instruments. In October 2023, the U.S. District Court for the Northern District of California dismissed the case because, among other reasons, plaintiffs—none of whom transacted with any defendant—were too indirect purchasers of LIBOR-linked products to establish that they had antitrust standing. In affirming, the Ninth Circuit reasoned that plaintiffs injuries were both too indirect, as plaintiffs had not transacted with any defendant, and too speculative, due to the impact of independent factors (i.e., price changes by the direct lender with whom they transacted) on the alleged price of loans and credit.
The Simpson Thacher team included Alan Turner, Abram Ellis and Rachel Sparks Bradley. Isaac Rethy also played a critical role over the course of this case.