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TRUSTEES OF UPSTATE NY ENGINEERS v. IVY ASSET

Docket No. 15-3124 August Term, 2016.

843 F.3d 561 (2016)

TRUSTEES OF the UPSTATE NEW YORK ENGINEERS PENSION FUND, Plaintiff-Appellant, v. IVY ASSET MANAGEMENT, Lawrence Simon, Howard Wohl, and Bank of New York Mellon Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2016.

Attorney(s) appearing for the Case

LOUIS P. MALONE III , O'Donoghue & O'Donoghue LLP, Washington, D.C. ( Jennifer R. Simon ; and James L. Linsey , Linsey Law Firm, PLLC, New York, NY, on the brief), for Plaintiff-Appellant.

LEWIS J. LIMAN ( Jeffrey A. Rosenthal , on the brief), Cleary Gottlieb Steen & Hamilton LLP, New York, NY, for Defendants-Appellees.

Before: KEARSE, JACOBS, and POOLER, Circuit Judges.

An ERISA pension fund, by its trustees, sues its investment manager (and principals), alleging: that these defendants knew by 1998 that investing with Bernard L. Madoff Investment Securities LLC ("BLMIS") was imprudent; that these defendants breached their fiduciary duty by failing to warn the fund of this fact; that...

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