Nelson Gomes v. American Century Companies

COLLOTON, Circuit Judge.

Nelson Gomes, an investor in the American Century International Discovery Fund (“the Fund”), brought Maryland common-law claims and federal racketeering claims for violations of 18 U.S.C. § 1962(c) and (d) against the appellees, who are the Fund’s fiduciaries (“the fiduciaries”). Among other claims, the complaint alleged derivative claims on behalf of the Fund for breach of fiduciary duty, negligence, waste, and racketeering. The district court 1 dismissed Gomes’s complaint for failure to state a claim. Gomes appeals the dismissal of his derivative claims, and we…