Legal Opinion
Gartenberg v. Merrill Lynch Asset Management, Inc.
District Court, S.D. New York
Decided March 18, 1980No. 79 CIV. 3123(MP)PublishedCited by 12 opinions
1Opinion of the Court
OPINION
MILTON POLLACK, District Judge.
This is a derivative action by a shareholder of a money-market mutual fund, brought pursuant to § 36(b) of the Investment Company Act, 15 U.S.C. § 80a-35(b). Plaintiff has demanded a trial by jury as a matter of constitutional right. Plaintiff claims that the Fund’s investment adviser, defendant Merrill Lynch Asset Management, Inc., breached the fiduciary duty it is deemed to have under § 36(b) by receiving excessive and unreasonable compensation under its contract with the Fund and consequently must respond in damages to the Fund. Plaintiff avers that it…
2Cases cited18 opinions
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- Lorillard v. PonsSupreme Court of the United States · 1978
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Curtis v. LoetherSupreme Court of the United States · 1974
- Katchen v. LandySupreme Court of the United States · 1966
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- James P. Crews v. Central States, Southeast and Southwest Areas Pension FundCourt of Appeals for the Sixth Circuit · 1986
- In Re Frank J. Evangelist, Jr.Court of Appeals for the First Circuit · 1985
- In Re Irving L. GARTENBERG, PetitionerCourt of Appeals for the Second Circuit · 1980
- Tarlov v. Paine Webber Cashfund, Inc.District Court, D. Connecticut · 1983
- Grochocinski v. LaSalle Bank National Ass'n (In Re K & R Express Systems, Inc.)District Court, N.D. Illinois · 2007
7 more not listed; retrieve them via the Exa API.