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· 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 CourtListener

Sourced 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.