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Tag Archives: Breach Of Fiduciary Duty

Probate: Irrevocable Trust-Income Distributions-Breach of Fiduciary Duty

Where a co-trustee challenged a probate court judgment allowing income distribution to the grantor’s grandson, the court improperly interpreted the trust as it related to the trustee’s ability to request the grandson’s financial information before authorizing the distribution, but the ...

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Long ruling brings $102.1M award in prepaid funeral case

A federal judge on July 3 ordered a bank to pay more than $102 million in compensatory and punitive damages for its predecessor’s role in mismanaging a prepaid funeral expense trust. The case, now in its 10th year, previously went ...

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Torts: Fraud-Breach of Fiduciary Duty-Statute of Limitations

Plaintiffs filed a diversity action against defendants, asserting claims of fraud and breach of fiduciary duty. Plaintiffs alleged that defendants had misrepresented and failed to disclose trust assets to them which resulted in shares of stock not being distributed to ...

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ERISA: Breach Of Fiduciary Duty-Failure To State Claim

Where a former employee claimed that the investment committee of the employer’s retirement savings plan breached their fiduciary duties under the Employee Retirement Income Security Act of 1974, the employee’s allegations were insufficient to plausibly allege that ERISA fiduciaries breached ...

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Corporate Law: Breach of Fiduciary Duty-Shareholder Oppression-Equitable Relief

Where plaintiff brought an action for breach of fiduciary duty and for dissolution of the company or other equitable relief after she was removed as president and treasurer and her employment terminated, the judgments awarding damages and equitable relief to ...

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