Skip to main content
· 9/26/2006

Lionel Amron, Chana Yampolsky, and David Yampolsky v. Morgan Stanley Investment Advisors Inc. And Morgan Stanley Distributors Inc.

Citations

  • 464 F.3d 338
  • 2006 U.S. App. LEXIS 24264

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that, in resisting a motion to dismiss, \bald assertions and conclusions of law will not suffice\
  • holding that in opposing a motion to dismiss, “bald assertions and conclusions of law will not suffice”
  • concluding that, in resisting a motion to 5 Specifically, plaintiffs assert that, in order to effect the conspiracy, defendants: (a) Participated in meetings in the United States and Europe to discuss pricing and market divisions; (b
  • holding that sole allegation comparing fee to \industry mean” was \inadequate” because it \conveniently omitt[ed] where [the'fund’s rate] fell on the distribution of fees” and made only a specific comparison to one other mutual fund \known for its emphasis on keeping costs low”
  • noting that “bald assertions and conclusions of law will not suffice” to defeat a motion to dismiss (citation omitted)
  • noting that “a plaintiffs burden to overcome this presumption is a heavy one”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sotomayor, Parker, Hall

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.