Legal Opinion
Scalisi v. Fund Asset Management, L.P.
Court of Appeals for the Second Circuit
Decided August 17, 2004No. Docket No. 03-9233PublishedCited by 37 opinions
1Opinion of the Court
IRENAS, Senior District Judge.
Plaintiffs April Scalisi and Felix Amsler appeal a decision of the United States District Court for the Eastern District of New York (Thomas C. Platt, Jr., District Judge) dismissing their shareholder derivative action against Defendants Fund Asset Management, L.P. and Merrill Lynch Focus Twenty Fund, Inc. Plaintiffs contend that the district court failed to apply the proper legal standard in determining whether the directors of a mutual fund lacked sufficient independence to render demand upon them futile. We conclude that the district court applied the proper…
2Cases cited21 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
- Ross v. BernhardSupreme Court of the United States · 1969
- Brehm v. EisnerSupreme Court of Delaware · 2000
16 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Lionel Amron, Chana Yampolsky, and David Yampolsky v. Morgan Stanley Investment Advisors Inc. And Morgan Stanley Distributors Inc.Court of Appeals for the Second Circuit · 2006
- In re Facebook, Inc.Court of Appeals for the Second Circuit · 2015
- Willa Rosenbloom v. David PyottCourt of Appeals for the Ninth Circuit · 2014
- Espinoza v. DimonCourt of Appeals for the Second Circuit · 2015
- Kenneth P. Felis v. Downs Rachlin Martin PLLC, and Gallagher, Flynn & Company, LLPSupreme Court of Vermont · 2015
32 more not listed; retrieve them via the Exa API.