Plaintiff could not make tort claims, including breach of fiduciary duty claims, against a Bank for mismanagement of its investments. "As a general rule, parties to a contract ‘owe no special duty to one another beyond the terms of the contract.’ This general rule even applies to bank-customer relationships like the one at issue."
Plaintiff also could not pursue an unfair and deceptive practices claim, because the relationship involved the "raising of capital" and was therefore within the securities transaction exception.
Brief in Support of Motion to Dismiss
Brief In Opposition to Motion to Dismiss