The lawsuit, brought by Steven Sklar on behalf of investors entitled to vote on the merger, says BofA and its officers should have warned shareholders that Merrill would post a $15.3 billion loss in the fourth quarter of 2008.

It names as defendants BofA Chairman and Chief Executive Kenneth Lewis, former Merrill Lynch Chairman and CEO John Thain, ex-Merrill Chief Financial Officer Nelson Chai and ex-Merrill Chief Accounting Officer Gary Carlin.

The case is Sklar vs. Bank of America, 09-580, filed in U.S. District Court for the Southern District of New York.

(Reporting by Gina Keating; Editing by Andre Grenon)