Opinion

Meyer v. Oppenheimer Management Corp.

  • 764 F.2d 76
  • 1985 U.S. App. LEXIS 31343
Court
Court of Appeals for the Second Circuit
Filed
May 30, 1985
Status
Published
Author
Graafeiland
On the bench
Feinberg, Graafeiland
Cited by
38 cases

recognizing a private cause of action under § 15(f)

How later courts described this case

  • recognizing a private cause of action under § 15(f)
  • “in deciding whether a fee is so high as to ■ constitute a breach of fiduciary duty, a court should examine all the facts surrounding a fee determination. Whether or not appellant prevails on this claim, ... he has stated a claim on which relief can be granted and on which he is at least entitled to discovery.”
  • implying private right of action under section 15(f) of Investment Company Act
  • on motion to dismiss for failure to state claim, court must take plaintiffs allegations as true

Written by the judges who cited it.

The opinion

VAN GRAAFEILAND, Circuit Judge,

concurring:

Although I would have preferred to defer to Judge Sofaer’s interpretation of the settlement agreement, I can appreciate my colleagues’ unwillingness to decide the issue of the agreement’s scope on a motion addressed to the complaint.

However, if the settlement agreement was not intended to cover administrative services, something which Judge Sofaer is in the best position to know, I am not prepared to open the door to harassing discovery by the plaintiff on the question whether the fees provided for in the settlement agreement have remained “fair.”

With this reservation, I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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