Kenneth Lewis, the former Bank of America Corp. (BAC) chief executive officer accused of recklessness involving losses at Merrill Lynch, lost his bid to have a securities claim dismissed from a shareholder lawsuit.
U.S. District Judge Kevin Castel in Manhattan today dismissed claims against Lewis over the bank’s disclosure of federal financial assistance, and another concerning shareholders’ right to sue over certain types of securities.
The judge refused to dismiss claims that the defendants, including Bank of America, Lewis and former Chief Financial Officer Joe L. Price, failed to disclose Merrill’s deteriorating financial condition in the fourth quarter of 2008.
“The complaint adequately alleges that, by virtue of his position within BofA and his awareness of Merrill’s losses, Lewis’s inaction on the disclosure issue raises a strong inference of recklessness,” Castel wrote in today’s opinion.
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