October 14, 2015
On September 30, 2015, the United States District Court for the Southern District of New York (the “District Court”) denied the motion of Lehman Brothers Holdings Inc. (“LBHI,” and collectively with all of LBHI’s subsidiaries, “Lehman”) and its Official Committee of Unsecured Creditors (together, “Plaintiffs”) seeking damages and the recovery of $8.6 billion from Defendant JPMorgan Chase Bank, N.A. (“JPMorgan”) for the benefit of Lehman’s creditors. Instead, the District Court granted summary judgment in favor of JPMorgan on all but six of Lehman’s claims and left standing various counterclaims asserted by JPMorgan. Although the outcome was widely anticipated in the market given that the Lehman Examiner previously concluded that Lehman had but one colorable claim against JPMorgan that was “not strong,” it is a blow to the Lehman estates nonetheless and comes on the heels of a recent decision upholding Intel Corporation’s Loss calculation resulting from a failed transaction under an ISDA Master that Lehman had disputed.