· 9/22/2005
In Re Franklin Mutual Funds Fee Litigation
Citations
- 388 F. Supp. 2d 451
- 2005 WL 2175950
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Standing is a threshold inquiry, not a mere hurdle that can be cleared with the assistance of Rule 23.”
- dismissing certain claims that the court determined were improperly plead as direct claims
- under Mass, law, the issue turns on whether the shareholders suffered an injury distinct from the injury suffered by the corporation
- plaintiffs may only bring a Section 36(b) claim ―against the . . . funds they owned‖
- “[I]f the named plaintiffs cannot or do not assert their own direct claim against a named defendant, they may 15 not bring a claim against that defendant on behalf of other investors.”
- demand not excused where directors appointed by investment advisor
Source: CourtListener parenthetical corpus (CC0).
Judges: Martini
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.