BRIGADE LEVERAGED CAPITAL STRUCTURES FUND LTD. v. PIMCO INCOME STRATEGY FUND

No. SJC-11289.

466 Mass. 368 (2013)

BRIGADE LEVERAGED CAPITAL STRUCTURES FUND LTD. & another v. PIMCO INCOME STRATEGY FUND & another.

Supreme Judicial Court of Massachusetts, Suffolk.

September 11, 2013.


Attorney(s) appearing for the Case

John C. Ertman , of New York ( C. Thomas Brown with him) for the defendants.

Joseph S. Allerhand , of New York ( Patrick J. O'Toole, Jr. , with him) for the plaintiffs.

The following submitted briefs for amici curiae:

Peter H. Mixon , of California, for California Public Employees' Retirement System.

Jeff Mahoney , of the District of Columbia, for Council of Institutional Investors.

Jesse M. Fried, pro se.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


GANTS, J.

Under Section 10.2 of the bylaws of the defendants, PIMCO Income Strategy Fund and PIMCO Income Strategy Fund II (collectively, "Funds" or "defendants"), "regular meetings of the Shareholders for the election of Trustees ... shall be held, so long as Common Shares are listed for trading on the New York Stock Exchange, on at least an annual basis." The issue on appeal is the meaning of "on at least an annual basis...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases