Judging from recent summary judgments, a growing number of courts are rejecting the argument that mutual fund companies charge retail investors more than institutional investors, The National Law Journal reports.

Two recent cases, involving American Express Funds and Oakmark Funds, are signs of an “industrywide assault” against such arguments, said Rob Skinner, a defense lawyer with Ropes & Gray who is involved in both cases. “This is the first time that judges have concluded that plaintiffs could not make their case [after discover]. We’re hopeful this means the tide is turning on these cases.”

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