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Securities
Securities Fraud
Misrepresentation

William T. Hampton, individually and on behalf of all others similarly situated v. Pacific Investment Management Company LLC, Pimco Funds, E. Philip Cannon, J. Michael Hagan, Brent T. Harris, Douglas M. Hodge, Ronald C. Parker, Vern O. Curtis, William J. Popejoy

Published: Jan. 23, 2016 | Result Date: Nov. 2, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 8:15-cv-00131-CJC-JCG Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

Nicholas I. Porritt
(Levi & Korsinsky LLP)

Daniel A. Osborn
(Office of the Attorney General)

Jeff S. Westerman
(Westerman Law Corp.)

Anna Faircloth


Defendant

John D. Donovan Jr.
(Ropes & Gray LLP)

Robert A. Skinner
(Ropes & Gray LLP)

John C. Ertman

Ronald Grusd

Amy D. Roy
(Ropes & Gray LLP)

Frank D. Rorie Jr.

Joshua D.N. Hess
(Dechert LLP)

Matthew L. Larrabee
(Dechert LLP)

David A. Kotler

Richard L. Gallagher
(Kaufhold Gaskin Gallagher LLP)

Randall A. Smith


Facts

William Hampton brought a class action complaint against investment management company Pacific Investment Management Company LLC, seven of its employees, and PIMCO Funds.

Contentions

PLAINTIFF'S CONTENTIONS:
Hampton contended that defendants' decision to ignore a cap on investing the fund's assets in instruments or securities tied to emerging markets caused the value of their shares in the fund to fall.

Plaintiffs claimed breach of contract, breach of trust, breach of the covenant of good faith and fair dealing, and aiding and abetting relating to their investment in shares of a fund managed and advised by defendants.

DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiffs' claims were precluded by the Securities Litigation Uniform Standards Act of 1998.

Result

The court granted defendants' motion to dismiss, concluding that the Act barred plaintiffs' claims. Because amendment was futile, each cause of action was dismissed with prejudice.

Other Information

FILING DATE: Jan. 28, 2015.


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