Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Acument Global Techs., Inc. v. Towers Watson & Co.

United States District Court, S.D. New York

February 10, 2014

ACUMENT GLOBAL TECHNOLOGIES, INC. and ACUMENT GLOBAL TECHNOLOGIES, INC. PENSION PLAN, Plaintiffs,
v.
TOWERS WATSON & CO. and TOWERS WATSON INVESTMENT SERVICES, INC. (F/K/A WATSON WYATT INVESTMENT CONSULTING, INC.), Defendants and Third-Party Plaintiffs,
v.
WESTRIDGE CAPITAL MANAGEMENT, INC. WG TRADING COMPANY LP, WG TRADING INVESTORS, LP, STEPHEN WALSH and PAUL GREENWOOD, Third-Party Defendants

For Acument Global Technologies, Inc., Acument Global Technologies, Inc. Pension Plan, Plaintiffs: Jalina Joy Hudson, Keith William Miller, Manny Joseph Caixeiro, Mik Shin-Li, Perkins Coie LLP, New York, NY.

For Towers Watson & Co., Tower Watson Investment Services, Inc., formerly known as Watson Wyatt Investment Consulting, Inc., Defendants: Alex Romain, Eli S Schlam, Michael Hedley Page, Stephen L. Urbanczyk, Vidya Atre Mirmira, PRO HAC VICE, Williams & Connolly LLP, Washington, DC.

For Tower Watson Investment Services, Inc., Towers Watson & Co., ThirdParty Plaintiffs: Alex Romain, Eli S Schlam, Michael Hedley Page, Stephen L. Urbanczyk, Vidya Atre Mirmira, PRO HAC VICE, Adam G Yoffie, Williams & Connolly LLP, Washington, DC.

For Towers Watson & Co., Tower Watson Investment Services, Inc., ThirdParty Plaintiffs: Alex Romain, Eli S Schlam, Michael Hedley Page, Stephen L. Urbanczyk, Vidya Atre Mirmira, PRO HAC VICE, Williams & Connolly LLP, Washington, DC.

For Tower Watson Investment Services, Inc., Towers Watson & Co., Counter Claimant: Alex Romain, Eli S Schlam, Michael Hedley Page, Stephen L. Urbanczyk, Vidya Atre Mirmira, Williams & Connolly LLP, Washington, DC.

For Acument Global Technologies, Inc., Counter Defendant: Jalina Joy Hudson, Keith William Miller, Manny Joseph Caixeiro, Mik Shin-Li, Perkins Coie LLP, New York, NY.

OPINION and ORDER

LOUIS L. STANTON, U.S. D. J.

Defendants' motion to strike plaintiffs' jury demand raises the question whether this action, which plaintiffs describe as concerning " claims of breach of fiduciary duty and a request for compensatory damages" (Dec. 4, 2013 Mem. in Opp'n to Mtn to Strike, p. 1), is so equitable in nature as to deprive plaintiffs of the jury trial they seek. That right depends on the nature of the issues and relief sought in the case. The Seventh Amendment of the Constitution

Page 112

provides that " In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved. . . ." The Supreme Court has consistently interpreted the reference to common law to

'suits in which legal rights were to be ascertained and determined, in contradistinction to those where equitable rights alone were recognized, and equitable remedies were administered.'

Granfinanciera, S.A. v. Nordberg, 492 U.S. 33, 41, 109 S.Ct. 2782, 2790, 106 L.Ed.2d 26 (1989) (emphasis in original), quoting Parsons v. Bedford, 28 U.S. 433, 3 Pet. 433, 447, 7 L.Ed. 732 (1830).

The familiar form of analysis first determines the similarity of the action to those customarily heard by courts of equity or admiralty in England in the 18th century, and then determines whether the desired remedy is legal or equitable in nature, which is more important in the analysis. Id. 492 U.S. 42.

Neither part is difficult in this action by plaintiffs Acument Global Technologies Pension Plan (and its grantor Acument Global Technologies, Inc.) against its investment consultant and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.