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Nicholas J Corbi et al v. the Capital Group Companies Inc et al (In re American Funds Fee Litigation)

Memorandum of Points and Authorities Regarding The Court's Statement of Intended Decision

9 Cited authorities

  1. Daily Income Fund, Inc. v. Fox

    464 U.S. 523 (1984)   Cited 287 times   1 Legal Analyses
    Holding that there is no demand prerequisite for § 36(b) claims

  2. In re Grand Jury Subpoena

    274 F.3d 563 (1st Cir. 2001)   Cited 139 times   2 Legal Analyses
    Holding that the "the operative language [of Rule 45] is mandatory and ... courts consistently have held that the rule requires a party resisting disclosure to produce a document index or privilege log ... A party that fails to submit a privilege log is deemed to waive the underlying privilege"

  3. U.S. v. Bay St. Ambulance Hosp. Rental Serv

    874 F.2d 20 (1st Cir. 1989)   Cited 157 times   4 Legal Analyses
    Holding that "willfully" means to do something the law prohibits

  4. Gartenberg v. Merrill Lynch Asset Management

    694 F.2d 923 (2d Cir. 1982)   Cited 152 times   26 Legal Analyses
    Holding that "price charged by other similar advisers to funds managed by them" is not the principal factor in evaluating fee's fairness, while noting "[w]e do not suggest that rates charged by other advisers to other similar funds are not a factor to be taken into account"

  5. Strougo v. BEA Assocs.

    199 F.R.D. 515 (S.D.N.Y. 2001)   Cited 86 times   1 Legal Analyses
    Permitting assertion of work-product protection as basis for withholding even though it was omitted from privilege log where opposing party showed no prejudice

  6. In re Megan-Racine Associates, Inc.

    189 B.R. 562 (Bankr. N.D.N.Y. 1995)   Cited 35 times   1 Legal Analyses
    Holding that Rule 501 dictates repair to state privilege law on state claims resolved in federal bankruptcy courts

  7. Visual Scene v. Pilkington Bros

    508 So. 2d 437 (Fla. Dist. Ct. App. 1987)   Cited 46 times
    Holding that a plaintiff and a defendant had a common interest with respect to their claims against other defendants

  8. Gartenberg v. Merrill Lynch Asset Management, Inc.

    528 F. Supp. 1038 (S.D.N.Y. 1981)   Cited 27 times   1 Legal Analyses
    In Gartenberg v. Merrill Lynch Asset Management, Inc., 528 F.Supp. 1038 (S.D.N.Y. 1981), aff'd, 694 F.2d 923 (2d Cir. 1982), cert. denied, Andre v. Merrill Lynch Ready Assets Trust, ___ U.S. ___, 103 S.Ct. 1877, 76 L.Ed.2d 808 (1983) (" Gartenberg I"), Judge Pollack dismissed the claim that the advisory fee charged the Fund for the period 1980-81 was excessive.

  9. Section 80a-35 - Breach of fiduciary duty

    15 U.S.C. § 80a-35   Cited 310 times   6 Legal Analyses
    Imposing a “fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature ”