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Brief Memo - Case Study Example

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Harris Associates L.P., 08-586 (2010) Case – heard by the U.S. Supreme Court (2009, Nov. 2), investors were claiming of the steep fees they had paid to an investment advisor; contrary to set procedure under the Investment Company Act of 1940. In…
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Brief Memo
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"Brief Memo"

Download file to see previous pages As the adviser firm, Harris Associates LP was sued by Jones amongst other investors, citing – section 36(b) of the Act. From receiving an adverse finding as passed by the Illinois District Court, Jones appealed, gaining a hearing in the Seventh Circuit Court of Appeals (Jones v. Harris Associates L.P., 08-586 1).
However, in the end, the majority of the Court of Appeals (Maryland) did rule against the claim, citing the lack of judicial authority; regarding the legal regulation of investment company fees. In explanation, the court was of the view that the best regulator of ‘fees’ was the free market-arena itself. Further rejecting the provided line of argumentation, the court also viewed government as not being ‘in-place’; in regard to making such an assessment. Ultimately, the ideal portrayed was that of a strong free-market approach, as opposed to legislative interpretation of prevailing aspects of the existing economy (Jones v. Harris Associates L.P). In effect, the court ruled that when the settling entity/ person charged with a given trust’s (firm) administration made a given decision, it was in essence conclusive. This is in reference to – The Contractarian Basis of the Law of Trusts, 105 Yale L.J. 625 (1995) (Jones v. Harris Associates L.P., 08-586 1).
In the case of the – Serita J. Weathersby v. Kentucky Fried Chicken National Management Co., No. 92-2360 (1993/4) Case [326 Md. 663, 670, 607, A.2d 8 (1992)] – essentially concerns discrimination within the employment sector, public accommodation and housing. Under focus is the aspect of employment litigation whereby the Maryland Court of Appeals did, and continues to emphasize, on the need of tort law; in regard to intentional infliction of emotional distress, to be utilized sparingly. This should be only in cases of opprobrious behavior that is inclusive of truly outrageous/ extreme conduct; extreme to the nature of going beyond bounds of decency, and hence ...Download file to see next pagesRead More
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