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breach of fidicuary duty

Jul 23, 2014

Insurance : Declaratory Judgment – Attorney’s Fees – Breach of Fiduciary Duty

Henry v. Farmers Insurance Co., Inc. (MLW No. 66681/Case No. WD76953 – 19 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)

Oct 3, 2013

Jury awards land sellers $13.2M

A Saline County Circuit Court jury has awarded more than $13.2 million to the sellers of farmland after the purchaser allegedly persuaded an appraiser to give a low-ball value on the property.

Dec 1, 2009

ERISA: Fiduciary Duty Claim – Standing – Disclosure

Braden v. Wal-Mart Stores, Inc., et al. (Case No. 08-3798 – 26 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.) Where a retail employee brought an ERISA action against the management of his retirement plan based on his allegations that the plan managers failed to adequately consider investment options to minimize fees, the district […]

Nov 1, 2009

Trust spends $120,000 in fees for $84,000 verdict

A past owner of the former Planet Hollywood building in St. Louis won a courtroom tussle. Sort of. The Whitehead Trust is one of the partners in a company that owned the building at 800 N. Third St. It ended up spending at least $36,000 more in attorneys’ fees than it won in a jury […]

Sep 3, 2009

Couple snared in scheme recovers $760,000

A Kansas City couple has recovered nearly $760,000, including $400,000 in punitive damages, from a Florida-based brokerage firm whose financial adviser allegedly altered two checks payable to the firm, took the money and obtained more under false pretenses. Donald and Patricia Halfmann, both in their 60s, were clients of the VFinance Investments Inc. brokerage firm, […]

Mar 25, 2009

$4.9M awarded for unjust enrichment

A St. Louis County jury awarded $4.9 million to a printing company’s minority shareholder in his lawsuit against the majority shareholder, and the plaintiff could receive an even larger award from the judge. Steven Smith sued Mark Shocker for unjust enrichment and breach of fiduciary duties. Smith was the only minority shareholder in MWS Enterprises, […]

Feb 12, 2009

Madoff victims face grim prospects in court

The securities laws may be your worst enemy if you lost money in the Madoff scam. Investors are suing the feeder funds that channeled their money to Bernard Madoff, charging the feeders with fraud, negligence or breach of fiduciary duty. On the surface, the cases sound like slam dunks. They’re not. Congress and the courts […]

Feb 6, 2009

Court takes first look at duties of ‘trust protector’

A trustee stated a claim for breach of fiduciary duty against an attorney designated as a “trust protector,” according to the Missouri Court of Appeals, which reversed a judgment in the attorney’s favor. The function and duties of a trust protector are discussed as an issue of first impression in a Southern District opinion authored […]

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