Legal Opinion

Trustees of the Upstate New York Engineers Pension Fund v. Ivy Asset Management

Court of Appeals for the Second Circuit

Decided December 8, 2016No. Docket No. 15-3124PublishedCited by 342 opinions

1Opinion of the Court

DENNIS JACOBS, Circuit Judge:

An ERISA pension fund, by its trustees, sues its investment manager (and principals), alleging: that these defendants knew by 1998 that investing with Bernard L. Madoff Investment Securities LLC (“BLMIS”) was imprudent; that these defendants breached their fiduciary duty by failing to warn the fund of this fact; that if warned, the fund would have withdrawn the full sum appearing on its 1998 BLMIS account statements; and that prudent alternative investment of that sum would have earned more than the fund’s actual net withdrawals from its BLMIS account between 1999…

2Cases cited16 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Harris Trust & Savings Bank v. Salomon Smith Barney Inc.Supreme Court of the United States · 2000
  5. City of Pontiac Policemen's & Firemen's Retirement System v. UBS AGCourt of Appeals for the Second Circuit · 2014

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3Cited by342 opinions

  1. Montero v. City of N.Y.Court of Appeals for the Second Circuit · 2018
  2. United States Ex Rel. Chorches v. American Medical Response, Inc.Court of Appeals for the Second Circuit · 2017
  3. Carol Wilding v. DNC Services CorporationCourt of Appeals for the Eleventh Circuit · 2019
  4. Empire Merchants, LLC v. Reliable Churchill LLLPCourt of Appeals for the Second Circuit · 2018
  5. Dettelis v. SharbaughCourt of Appeals for the Second Circuit · 2019

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

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