On September 13, Judge Marrero of the United States District Court for the Southern District of New York denied defendants' Motion for Certification for Immediate Appeal in Anwar v. Fairfield Greenwich Limited, a Madoff-related case. Defendants are four feeder funds, and plaintiffs are a putative class of investors in the funds. The application for leave to appeal addressed two decisions of the court: (1) the first decision, dated July 29, 2010, held that the Martin Act did not preempt plaintiffs' common law claims against defendants (see July 30 newsletter); (2) the second decision, issued on August 18, 2010, found that SLUSA did not require dismissal of any fraud-based state common law claims; that plaintiffs had standing to sue defendants directly; and that the Supreme Court's decision in Morrison v. National Australian Bank did not require the dismissal of federal securities claims against the funds on the pleadings (see August 20 newsletter). In the September 13 opinion, the court denied defendants' motion because the Martin Act and SLUSA issues present in this case were already pending before the Second Circuit in another Madoff-related matter, and the Martin Act issue was pending in matters before the New York State Appellate Division, First Department. The court also found that certifying the Morrison issues would lead to the immediate interlocutory appeal of factual issues, which would not be grounds for interlocutory review. Decision.