Legal Opinion
Northstar Financial Advisors, Inc. v. Schwab Investments
Court of Appeals for the Ninth Circuit
Decided August 12, 2010No. 09-16347PublishedCited by 32 opinions
1Opinion of the Court
SCHROEDER, Circuit Judge:
The issue we must decide in this appeal is whether there is a private cause of action to enforce the provisions of § 13(a) of the Investment Company Act of 1940CTCA” or “1940 Act”), 15 U.S.C. § 80a-13(a). That section generally requires an investment company to obtain shareholder approval before deviating from the investment policies contained in the company’s registration statement filed with the Securities and Exchange Commission (“SEC”).
Our circuit has not decided the issue, but the Second Circuit has held that there is no private right to enforce five other…
2Cases cited28 opinions
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Alexander v. SandovalSupreme Court of the United States · 2001
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
23 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Northstar Financial Advisors Inc. v. Schwab InvestmentsCourt of Appeals for the Ninth Circuit · 2015
- Nicklos Ciolino v. Theodore FrankCourt of Appeals for the Ninth Circuit · 2013
- R. Abcarian v. Meldon LevineCourt of Appeals for the Ninth Circuit · 2020
- Ufcw Local 1500 Pension Fund v. Marissa MayerCourt of Appeals for the Ninth Circuit · 2018
- Cohen v. TNP 2008 Participating Notes Program, LLC, California Court of Appeal, 5th District2019
27 more not listed; retrieve them via the Exa API.