Legal Opinion

Green v. Fund Asset Management, L.P.

Court of Appeals for the Third Circuit

Decided April 18, 2002No. 01-2736PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

WARD, District Judge.

This is an appeal from the district court’s grant of summary judgment for defendants on claims that investment ad-visors to municipal bond funds breached their fiduciary duties under § 36(b) of the Investment Company Act of 1940 (“ICA”) and state law. Because we conclude that plaintiffs have failed to allege any conduct constituting a breach of fiduciary duty by the investment advisors, we affirm the judgment of the district court.

I. Background1

Plaintiffs, shareholders in seven closed-end, publicly-traded municipal investment funds (the “Funds”),…

2Cases cited7 opinions

  1. Jack Green, Individually and as Trustee Lawrence P. Belden, Trustee Stanley Simon, Trustee v. Fund Asset Management, L.P. Merrill Lynch Asset Management, L.P. Merrill Lynch & Co., Inc. Merrill Lynch, Pierce, Fenner & Smith Incorporated Princeton Services, Inc. Arthur Zeikel Terry K. Glenn Munienhanced Fund, Inc. Munivest Fund II Inc. Muniyield Fund, Inc. Muniyield Insured Fund, Inc. Muniyield Insured Fund Ii, Inc. Muniyield Quality Fund, Inc. Muniyield Quality Fund Ii, Inc., Jack Green, Lawrence P. Belden, Stanley SimonCourt of Appeals for the Third Circuit · 2001
  2. Martin Schnall, Individually and on Behalf of All Others Similarly Situated v. Amboy National BankCourt of Appeals for the Third Circuit · 2002
  3. Gartenberg v. Merrill Lynch Asset Management, Inc.District Court, S.D. New York · 1981
  4. Green v. Fund Asset Management, L.P.District Court, D. New Jersey · 1998
  5. Krantz v. Prudential Investments Fund Management LLCDistrict Court, D. New Jersey · 1999

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. In Re Mutual Funds Inv. LitigationDistrict Court, D. Maryland · 2008
  2. Jones v. Harris Associates L.P.Court of Appeals for the Seventh Circuit · 2008
  3. Jack Green, Individually and as Trustee, Stanley Simon, Trustee, and Norma Evans v. Nuveen Advisory Corp.Court of Appeals for the Seventh Circuit · 2002
  4. Brever v. Federated Equity Management Co.District Court, W.D. Pennsylvania · 2005
  5. Marini v. Janus Investment FundDistrict Court, D. Maryland · 2008

5 more not listed; retrieve them via the Exa API.

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