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AMRON v. MORGAN STANLEY INV. ADVISORS INC.

Docket Nos. 04-3938-CV(L), 04-3940-CV(CON).

464 F.3d 338 (2006)

Lionel AMRON, Chana Yampolsky, and David Yampolsky, Plaintiffs-Appellants, v. MORGAN STANLEY INVESTMENT ADVISORS INC. and Morgan Stanley Distributors Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 26, 2006.

Attorney(s) appearing for the Case

Joel C. Feffer, Wechsler Harwood LLP, New York, NY, for Plaintiffs-Appellants.

Richard A. Rosen, Paul, Weiss, Rifkind, Wharton & Garrison LLP (Roberta A. Kaplan, on the brief), New York, NY, for Defendants-Appellees.

Before: SOTOMAYOR, B.D. PARKER, and HALL, Circuit Judges.

HALL, Circuit Judge:

This case requires us to examine the pleading requirements for an action alleging breaches of fiduciary duty under section 36(b) of the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq. (the "40 Act"). Plaintiffs Lionel Amron, Chana Yampolsky and David Yampolsky filed a complaint alleging that Defendants charged unreasonably high fees in violation of the 40 Act. They now appeal the judgment of the United States District Court...

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