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AMERICAN FEDERATION v. AMERICAN INTERN.

Docket No. 05-2825-cv.

462 F.3d 121 (2006)

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, Employees Pension Plan, Appellant, v. AMERICAN INTERNATIONAL GROUP, INC., Appellee.

United States Court of Appeals, Second Circuit.

Last Submission: June 16, 2006.

Decided: September 5, 2006.

Attorney(s) appearing for the Case

Jay W. Eisenhofer (Jacqueline Bryks, Michael J. Barry, on the brief), Grant & Eisenhofer, P.A., New York, N.Y., for Plaintiff-Appellant.

Lewis R. Clayton (Lewis E. Farberman, on the brief), Paul, Weiss, Rifkind, Wharton & Garrison, New York, N.Y., for Defendant-Appellee.

Before: OAKES, CALABRESI, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

This case raises the question of whether a shareholder proposal requiring a company to include certain shareholder-nominated candidates for the board of directors on the corporate ballot can be excluded from the corporate proxy materials on the basis that the proposal "relates to an election" under Securities Exchange Act Rule 14a-8(i)(8), 17 C.F.R. § 240.14a-8 ("election exclusion" or "Rule 14a-8(i)(8)"). Complicating this question is...

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