NAVELLIER v. SLETTEN

Nos. 99-17059, 99-17061 and 99-17388.

262 F.3d 923 (2001)

Louis G. NAVELLIER, an individual and Trustee and Shareholder of the Navellier Series Fund (recently renamed the MFS Series Trust); Rosemary J. McLachlan; Martin Billett; William Rautenberg; Faith C. Rautenberg; Mark Schulz; Gail Sullivan; Thomas Sullivan, Plaintiffs-Appellants, v. Kenneth SLETTEN, an individual and Trustee of the Navellier Series Fund (recently renamed the MFS Series Trust); Donald Simon, et al., Defendants-Appellees. Louis G. Navellier, an individual and Trustee and Shareholder of the Navellier Series Fund (recently renamed the MFS Series Trust); Rosemary J. McLachlan; Martin Billett; William Rautenberg; Faith C. Rautenberg; Mark Schulz; Gail Sullivan; Thomas Sullivan, Plaintiffs-Appellants, v. Kenneth Sletten, an individual and Trustee of the Navellier Series Fund (recently renamed the MFS Series Trust); Donald Simon, et al., Defendants, and Arnold Scott; Roy Adams; Massachusetts Financial Services, Defendants-Appellees. Rosemary J. McLachlan, et al.; Louis G. Navellier, An individual and Trustee and Shareholder of the Navellier Series Fund (recently renamed the MFS Series Trust); Martin Billett; William Rautenberg; Faith C. Rautenberg; Mark Schulz; Gail Sullivan; Thomas Sullivan, Plaintiffs-Appellees, v. Kenneth Sletten, an individual and Trustee of the Navellier Series Fund (recently renamed the MFS Series Trust), Defendant-Appellant, and Donald Simon, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2001.


Attorney(s) appearing for the Case

Samuel Kornhauser, San Francisco, California, for the Plaintiffs-Appellants.

Ralph C. Alldredge, Emeryville, California, Jonathan C. Dickey, Gibson, Dunn & Crutcher, Palo Alto, California, Jacquelyn J. Garman, San Francisco, California, Vincent P. Finigan, Jr., Brobeck, Phleger, & Harrison, San Francisco, California, for the Defendants-Appellees.

Christopher Paik, Securities and Exchange Commission, Washington, D.C., for the amicus curiae.

Before: William C. Canby, Jr., Michael Daly Hawkins, and Ronald M. Gould, Circuit Judges.


Argued and Submitted July 10, 2001—San Francisco, California.

RONALD M. GOULD, Circuit Judge:

This appeal follows an Investment Company Act of 1940 ("ICA") action seeking to impose personal liability on the independent trustees of a mutual fund for the non-renewal of an investment advisory contract. After a fourteen-day trial, the jury determined that the independent trustees acted within their discretion under the business judgment rule in replacing...

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