United States Sixth Circuit
Moross Ltd. P'ship v. Fleckenstein Capital, Inc., 05-2280, 05-2312
In a suit brought against a private investment fund, its general partner, and its investment manager by an investor who suffered substantial losses due to an unsuccessful strategy employed by the fund, summary judgment for defendants and denial of their motion for sanctions are affirmed, and sanctions denied where: 1) plaintiff failed to produce reliable evidence of cherry-picking; 2) undue delay by plaintiff in raising certain claims and their likely futility due to the statute of limitations, supported dismissal; 3) there was no error in a grant of summary judgment on a claim for an accounting; 4) there was no abuse of discretion in denial of defendants- motion for sanctions; and 5) sanctions on appeal were unwarranted as it was not frivolous.
Appellate Information
- Decided 10/24/2006
- Published 10/24/2006
Judges
Court
- United States Sixth Circuit