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GOMES v. AMERICAN CENTURY COMPANIES, INC.

No. 12-1639.

710 F.3d 811 (2013)

Nelson GOMES, individually, derivatively and on behalf of others similarly situated, Plaintiff-Appellant, v. AMERICAN CENTURY COMPANIES, INC.; American Century Global Investment Management, Inc.; James E. Stowers, Jr.; James E. Stowers, III; Jonathan S. Thomas; Thomas A. Brown; Andrea C. Hall; Donald H. Pratt; Gale E. Sayers; M. Jeannine Strandjord; Timothy S. Webster; William M. Lyons; Enrique Chan; Mark Kopinski; American Century World Mutual Funds, Inc., doing business as American Century International Discovery Fund, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 28, 2013.

Attorney(s) appearing for the Case

Thomas Ignatius Sheridan, III , argued, New York, NY, for Appellant.

Steuart Hill Thomsen , argued, Washington, DC, William Perry Brandt , Kansas City, MO, Benjamin Kleine , Gordon C. Atkinson , San Francisco, CA, on the brief, for Appellee.

Before RILEY, Chief Judge, SMITH and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Nelson Gomes, an investor in the American Century International Discovery Fund ("the Fund"), brought Maryland common-law claims and federal racketeering claims for violations of 18 U.S.C. § 1962(c) and (d) against the appellees, who are the Fund's fiduciaries ("the fiduciaries"). Among other claims, the complaint alleged derivative claims on behalf of the Fund for breach of fiduciary duty, negligence, waste, and racketeering. The district...

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