Legal Opinion
Gartenberg v. Merrill Lynch Asset Management, Inc.
District Court, S.D. New York
Decided September 4, 1981No. 79 Civ. 3123PublishedCited by 3 opinions
1Opinion of the Court
DECISION
MILTON POLLACK, District Judge.
These cases are shareholders’ derivative suits on behalf of Merrill Lynch Ready Assets Trust, alleging that its investment ad-visor, Merrill Lynch Asset Management, Inc., violated Section 36(b) of the Investment Company Act, 15 U.S.C. sec. 80a— 35(b), which imposes a fiduciary duty on investment advisors with respect to their compensation. The question presented is whether the suit should be dismissed because of the plaintiffs’ failure to demand of their board of trustees that the Trust pursue a remedy in its own name.
Federal Rule of Civil Procedure…
2Cases cited8 opinions
- In Re Kauffman Mutual Fund Actions. Joseph B. KauffmanCourt of Appeals for the First Circuit · 1973
- deHaas v. Empire Petroleum Co.Court of Appeals for the Tenth Circuit · 1970
- Delaware & Hudson Co. v. Albany & Susquehanna RailroadSupreme Court of the United States · 1909
- Markowitz v. BrodyDistrict Court, S.D. New York · 1981
- Weiss v. Temporary Investment Fund, Inc.District Court, D. Delaware · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tarlov v. Paine Webber Cashfund, Inc.District Court, D. Connecticut · 1983
- Fed. Sec. L. Rep. P 98,845 Martin Fox v. Reich & Tang, Inc. And Daily Income Fund, Inc.Court of Appeals for the Second Circuit · 1982
- Kamen v. Kemper Financial Services, Inc.District Court, N.D. Illinois · 1987