Kircher v. Putnam Funds Trust

State: Illinois

Court: 5th District Appellate

Docket No: 5-08-0260 Rel

Case Date: 01/06/2010

Preview:N O T IC E Decision filed 01/06/10. The text of this dec ision m ay b e changed or corrected prior to the P e t i ti o n for filing of a or the

NO. 5-08-0260 IN THE APPELLATE COURT OF ILLINOIS

Re hea ring

FIFTH DISTRICT _________________________________________________________________________ CARL KIRCHER and ROBERT BROCKWAY, Individually and on Behalf of All Others Similarly Situated, ) Appeal from the ) Circuit Court of ) Madison County. ) Plaintiffs-Appellees, ) ) v. ) No. 03-L-1255 ) PUTNAM FUNDS TRUST, PUTNAM ) INVESTMENT MANAGEMENT, LLC, ) EVERGREEN INTERNATIONAL TRUST, and ) EVERGREEN INVESTMENT MANAGEMENT ) COMPANY, LLC, ) Honorable ) Barbara J. Crowder, Defendants-Appellants. ) Judge, presiding. _________________________________________________________________________ JUSTICE SPOMER delivered the opinion of the court: The defendants, Putnam Funds Trust, Putnam Investment Management, LLC, Evergreen International Trust, and Evergreen Investment Management Company, LLC, appeal, pursuant to Illinois Supreme Court Rule 308 (155 Ill. 2d R. 308), from a December 20, 2007, order of the circuit court of Madison County, which denied their motion for a judgment on the pleadings with respect to the class action complaint filed by Carl Kircher and Robert Brockway, individually and on behalf of all others similarly situated. The certified questions on appeal are as follows: 1. Does the Securities Litigation Uniform Standards Act of 1998 (the Securities Litigation Act) (15 U.S.C.

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