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CHILL v. CALAMOS ADVISORS LLC

15 CIV. 1014 (ER).

417 F.Supp.3d 208 (2019)

Saul CHILL and Sylvia Chill, for the use and benefit of the Calamos Growth Fund, Plaintiffs, v. CALAMOS ADVISORS LLC, Defendant.

United States District Court, S.D. New York.

Filed October 9, 2019.

Editors Note
Applicable Law: 15 U.S.C. § 80a-3
Cause: 15 U.S.C. § 80a-3 Investment Company Act of 1940
Nature of Suit: 160 Stockholders Suits
Source: PACER

Attorney(s) appearing for the Case

Ira M. Press, Andrew Martin McNeela, I Mark Allen Strauss, Kirby McInerney LLP, New York, NY, for Plaintiffs.

Catherine Vera Wigglesworth, Tiffany Engsell, Dechert LLP, Philadelphia, PA, David Adam Kotler, Dechert, LLP, New York, NY, Matthew L. Larrabee, Dechert LLP, San Francisco, CA, for Defendant.

OPINION AND ORDER

This opinion considers whether a mutual fund investment adviser breached the "fiduciary duty with respect to the receipt of compensation for services" that is imposed by § 36(b) of the Investment Company Act of 1940 (the "ICA") (codified at 15 U.S.C. § 80a-35(b)).

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