The U.S. District Court for the District of Colorado on August 7, 2020 issued its post-trial findings of fact and conclusions of law in Obeslo v. Great-West Capital Management, LLC et al. The ruling comes at the tail end of a...more
8/20/2020
/ Actual Damages ,
Breach of Duty ,
Burden of Proof ,
Calculation of Damages ,
Damages ,
Excessive Fees ,
Fiduciary Duty ,
Gartenberg Factors ,
Investment Adviser ,
Investment Company Act of 1940 ,
Motion for Summary Judgment ,
Motion to Dismiss ,
Post-Trial Order ,
Section 36(b) ,
Shareholder Litigation ,
Standing
The U.S. District Court for the Southern District of New York issued a comprehensive post-trial ruling on September 30, 2019 in Chill v. Calamos Advisors LLC, holding that Plaintiffs failed to meet their burden to show that...more
10/10/2019
/ Breach of Duty ,
Burden of Proof ,
Dismissals ,
Excessive Fees ,
Expert Witness ,
Fiduciary Duty ,
Gartenberg Factors ,
Investment Adviser ,
Investment Company Act of 1940 ,
Mutual Funds ,
Section 36(b)
Within recent weeks, there have been three noteworthy court rulings in pending Section 36(b) cases, with one court granting a motion to dismiss and two different courts fully granting substantive motions for summary judgment....more
3/29/2018
/ Appeals ,
Arms Length Transactions ,
Dismissals ,
Excessive Fees ,
Failure To State A Claim ,
Fiduciary Duty ,
Gartenberg Factors ,
Genuine Issue of Material Fact ,
Investment Adviser ,
Investment Company Act of 1940 ,
Motion for Summary Judgment ,
Motion to Dismiss ,
Mutual Funds ,
Standard of Review