§Why CasetextPricing

Turner v. Davis Selected Advisers, L.P. et al

MOTION to Dismiss Case

30 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,707 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,653 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  3. Epstein v. Washington Energy Co.

    83 F.3d 1136 (9th Cir. 1996)   Cited 698 times   2 Legal Analyses
    Finding no duty to predict action of public utility commission

  4. Bellikoff v. Eaton Vance

    481 F.3d 110 (2d Cir. 2007)   Cited 256 times   4 Legal Analyses
    Holding that Section 36 of the ICA does not provide an implied private right of action

  5. Krantz v. Prudential Investments Fund Mgmt

    305 F.3d 140 (3d Cir. 2002)   Cited 199 times   3 Legal Analyses
    Finding that a district court did not abuse its discretion in denying leave to amend for a second time where the plaintiff was on notice of the deficiencies in his complaint and failed to correct them in the first amended complaint

  6. In re Eaton Vance Mut. Funds Fee Litigation

    380 F. Supp. 2d 222 (S.D.N.Y. 2005)   Cited 167 times
    Holding that 34(b), 36 and 48 do not provide for a private right of action

  7. Amron v. Morgan Stanley Investment Advisors Inc.

    464 F.3d 338 (2d Cir. 2006)   Cited 136 times   1 Legal Analyses
    Holding that in opposing a motion to dismiss, "bald assertions and conclusions of law will not suffice"

  8. Windward Partners v. Ariyoshi

    461 U.S. 906 (1983)   Cited 64 times   2 Legal Analyses

    No. 82-1529. April 25, 1983, October TERM, 1982. C.A. 9th Cir. Certiorari denied. Reported below: 693 F. 2d 928.

  9. Krinsk v. Fund Asset Management, Inc.

    493 U.S. 919 (1989)   Cited 40 times
    Holding that "the sufficiency of the explanation is not to be judged in a vacuum but under the terms of the plan"

  10. Scalisi v. Fund Asset Management

    380 F.3d 133 (2d Cir. 2004)   Cited 84 times
    Holding that demand was not futile where mutual fund's directors also served on the boards of 49 other funds managed by the same investment management company

  11. Section 80a-22 - Distribution, redemption, and repurchase of securities; regulations by securities associations

    15 U.S.C. § 80a-22   Cited 43 times
    Authorizing NASD, subject to SEC approval, to impose limits on mutual fund sales charges

  12. Section 80a-36 - Larceny and embezzlement

    15 U.S.C. § 80a-36   Cited 23 times   1 Legal Analyses

    Whoever steals, unlawfully abstracts, unlawfully and willfully converts to his own use or to the use of another, or embezzles any of the moneys, funds, securities, credits, property, or assets of any registered investment company shall be deemed guilty of a crime, and upon conviction thereof shall be subject to the penalties provided in section 80a-48 of this title. A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section

  13. Section 270.12b-1 - Distribution of shares by registered open-end management investment company

    17 C.F.R. § 270.12b-1   Cited 37 times   2 Legal Analyses

    (a) (1) Except as provided in this section, it shall be unlawful for any registered open-end management investment company (other than a company complying with the provisions of section 10(d) of the Act (15 U.S.C. 80a-10(d) ) ) to act as a distributor of securities of which it is the issuer, except through an underwriter; (2) For purposes of this section, such a company will be deemed to be acting as a distributor of securities of which it is the issuer, other than through an underwriter, if it engages

  14. Section 270.17d-3 - Exemption relating to certain joint enterprises or arrangements concerning payment for distribution of shares of a registered open-end management investment company

    17 C.F.R. § 270.17d-3

    An affiliated person of, or principal underwriter for, a registered open-end management investment company and an affiliated person of such a person or principal underwriter shall be exempt from section 17(d) of the Act (15 U.S.C. 80a-17(d) ) and rule 17d-1 thereunder (17 CFR 270.17d-1 ), to the extent necessary to permit any such person or principal underwriter to enter into a written agreement with such company whereby the company will make payments in connection with the distribution of its shares