· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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