CURIAM: On September 16, 2013, this Court filed an opinion affirming the judgment of the United States District Court for the Southern District of New York (Richard M. Berman, Judge), which dismissed the plaintiffs’ state-law claims against defendants JPMorgan Chase & Co. and Bank of New York Mellon Corporation as precluded by the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), 15 U.S.C. § 78bb(f). In re Herald, Primeo, and Thema, 730 F.3d 112 (2d Cir.2013) (<HOLDING>). Simultaneously, this Court filed a summary
holding that slusa precludes statelaw class action claims against these banks because the claims are predicated on the banks involvement with the fraudulent securities transactions of bernard l madoff investment securities madoff securities recognizing defense in securities case holding that variable insurance policies are covered securities under slusa holding that morrison precludes securities claims brought by us investors who purchase securities on a foreign exchange even where those securities are also listed on a us exchange holding that variable annuities are covered securities under slusa because they are securities and the subaccounts are registered with the sec under the investment company act