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Text of Majority Opinion in Morgan Stanley Case: Plaintiffs Failed to Allege Sufficient Detail as to Breach of Fiduciary Duty Claim Over Investments (PDF)
U.S. Court of Appeals for the Second Circuit Link to more items from this source
Apr. 3, 2013

"Saint Vincent's alleges that Morgan Stanley 'exposed the Plan to excessive risk due to an egregious over-concentration in high-risk mortgage securities,' ... and 'failed to monitor the Plan's investments to protect the Plan from economic harm,' ... None of [the] alleged 'warning signs,' however, gives rise to a plausible inference that Morgan Stanley knew, or should have known, that the securities in the Portfolio were imprudent investments, or that Morgan Stanley breached its fiduciary duty by not selling those investments at whatever unspecified prices existed during the unspecified period in which it was imprudent to maintain those unspecified investments." [PBGC, et al. v. Morgan Stanley Investment Management, Inc., No. 10-4497-cv (2d Cir. April 2, 2013)]  MORE >>

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