No. 16- IN THE Supreme Court of the United States MARGARET RICHEK GOLDBERG, AS TRUSTEE UNDER THE RESIDUARY TRUST, UNDER THE SEYMOUR RICHEK REVOCABLE TRUST, ON BEHALF OF THE TRUST AND ALL OTHERS SIMILARLY SITUATED, Petitioner, v. BANK OF AMERICA, N.A. AND LASALLE BANK N.A., Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES CouRT OF AppEALS FOR THE SEVENTH CIRcuIT PETITION FOR A WRIT OF CERTIORARI TERRY ROSE SAUNDERS THOMAS A. DOYLE THE SAUNDERS LAW FIRM Counsel of Record 120 North LaSalle Street, WEXLER WALLACE LLP Suite 2000 55 West Monroe Street, Chicago, Illinois 60602 Suite 3300 Chicago, Illinois 60603 J. STEPHEN WALKER (312) 346-2222 LAW OffiCES OF
[email protected] J. STEPHEN WALKER, P.C. 20 North Clark Street, Suite 1200 Chicago, Illinois 60602 Counsel for Petitioner 272748 A (800) 274-3321 • (800) 359-6859 i QUESTION PRESENTED Does the Securities Litigation Uniform Standards Act of 1998 (SLUSA), 15 U.S.C. § 78bb(f)(1)(A), require dismissing with prejudice a class action complaint for breach of contract and breach of fiduciary duty under state law, when the plaintiff’s claims are not predicated on a misrepresentation or omission of material fact? ii PARTIES TO THE PROCEEDINGS BELOW The petitioner here is Margaret Richek Goldberg, as Trustee under the Residuary Trust under the Seymour Richek Revocable Trust, on behalf of the trust and all others similarly situated. In the district court, the predecessor trustee under that trust, Stephen Richek, was the plaintiff. Stephen Richek initially filed the appeal in the court of appeals, but while that appeal was pending, Margaret Richek Goldberg replaced Stephen Richek as trustee and appellant.