June 3, 2013

New Trial In EMI/Citi Case

Terra Firma Investments v. Citigroup, Docket No. 11-1267 (2d Cir. May 31, 2013)

After a jury trial, judgment was entered against Plaintiff.  The Second Circuit vacated the judgment and remanded for a new trial, "[b]ecause the district court’s jury instructions were based on an inaccurate understanding of the relevant English law".

This case concerns the 2007 acquisition of EMI by the private equity firm Terra Firma.  Terra Firma sued Citigroup, alleging that during the auction, a Citi banker advising the auction fraudulently induced the Terra Firma to make an inflated bid for EMI.  A jury ruled in Citi's favor.