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21 results for '* topic:"Trusts and Estates"' You can use Search Constraints to get even better search results
Publication Date: 2022-12-27
Practice Area: Trusts and Estates
Industry: Financial Services and Banking
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Paul D. Brown, Elliott Covert, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; David Z. Ribakoff, Ribakoff Law Firm, Los Angeles, CA for plaintiff.
for defendant: Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; John M. McIntyre, Porter Wright Morris & Arthur LLP, Pittsburgh,PA for defendant.
Case Number: 2021-1034-MTZ
The court denied defendant trustee's motion to dismiss breach of fiduciary duty and trust claims.
Publication Date: 2022-12-06
Practice Area: Trusts and Estates
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Jeremy D. Anderson, Fish & Richardson P.C., Wilmington, DE for plaintiff.
for defendant: Steven L. Caponi, K&L Gates, LLP, Wilmington, DE; Dieter Walter Neupert, defendant pro se for defendants.
Case Number: 2017-0290-JTL
Request for international assistance granted to obtain attorney documents seized by international law enforcement authorities where attorney had failed to participate in the proceedings and plaintiff had no other means of obtaining the information and documents.
Publication Date: 2022-09-20
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Montgomery-Reeves
Attorneys: For plaintiff: Sidney S. Liebesman, Beth B. Miller, Kasey H. DeSantis, Fox Rothschild LLP, Wilmington, DE for appellants.
for defendant: Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE for appellee.
Case Number: 288, 2021
Distributions from statutory trust constituted the personal property of the holder of the beneficial interest and could therefore be subject to garnishment by the beneficiary's creditors.
Publication Date: 2022-08-30
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: David E. Ross, Eric D. Selden, A. Gage Whirley, Ross Aronstam & Moritz, LLP, Wilmington, DE; John F. Hartmann, P.C., Ravi Subramanian Shankar, Kirkland & Ellis LLP, Chicago, IL for plaintiffs.
for defendant: Stephen C. Norman, Ellis H. Huff, Potter Anderson & Corroon LLP, Wilmington, DE; Norman M. Powell, Emily V. Burton, Lauren Dunkle Fortunato, Michael E. Neminski, Nehama L. Hanoch, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Brett M. McCartney, Elizabeth A. Powers, Sarah T. Andrade, Bayard, P.A., Wilmington, DE; Michael K. Hurst, Sara H. Chelette, Lynn Pinker Hurst & Schwegmann, Dallas, TX for defendants.
Case Number: D69936
Sophisticated transactional arrangement did not list plaintiffs as beneficiaries or holders of beneficial interest in certain exchange trusts, therefore causing plaintiffs to lack standing to seek removal of the trust advisor of the exchange trusts.
Publication Date: 2022-03-22
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiffs Edward F. Brovelli, Jr., individually, and as trustee of The Brovelli Family Trust 2A and defendant USA Carrington Park 20, LLC.
for defendant: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; John J. Sullivan, Cozen O’Connor, New York, NY, for defendants Independence Realty Operating Partnership, LP, Independence Realty Trust, Inc., Independence Realty Advisors, LLC, IRT Carrington Apartments Owner, LLC and plaintiffs Independent Realty Trust, Inc., and Independence Realty Operating Partnership, LP.
Case Number: D69751
The court held the trust had standing to sue defendants because defendant Carrington had transferred its right to sue to the trust, that Brovelli as an individual did not have standing to sue because he was not a party to any of the subject contracts, that defendants who were not parties to the subject contracts should be dismissed, and that whether damages were direct or consequential had issues of fact and were not appropriate for a motion to dismiss.
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Authors: Gary L. Brown
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Publication Date: 2022-03-22
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: D69750
The court found that plaintiff waived fiduciary claims about certain investments through a direct statement of waiver, the issue of whether excess fees was allowed by the trust agreement was time-barred, plaintiff failed to state a claim for proximate cause regarding whether defendant should have provided tax planning to plaintiff, former trustee was allowed by the trust agreement to act as both trustee and advisor, and the exculpation clause prohibited the equitable fraud claim.
Publication Date: 2020-03-18
Practice Area: Trusts and Estates
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Sharon Oras Morgan, Beth B. Miller and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE for petitioner.
for defendant: Christopher M. Coggins of Coggins Law LLC, Wilmington, DE for respondent.
Case Number: D68913
Trustee breached his fiduciary duties and acted to enrich himself at the expense of the other beneficiary. The court removed the trustee, ordered an accounting, and required the trustee to pay attorney fees.
Publication Date: 2019-12-18
Practice Area: Trusts and Estates
Industry: Financial Services and Banking | Legal Services
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Richard L. Renck, Oderah C. Nwaeze and Jocelyn M. Borowsky, Duane Morris LLP, Wilmington, DE for petitioner.
for defendant: Jeffrey S. Goddess, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Michael H. Friedman, Kurzman Eisenberg Corbin & Lever, LLP, White Plains, NY for respondent Hadley Fisher. Christopher P. Simon and Kevin S. Mann, Cross & Simon LLC, guardian ad litem for Michael Fisher.
Case Number: D68810
A trust beneficiary was entitled to the production of documents relating to a trustee's communications with counsel regarding trust administration.
Publication Date: 2019-05-15
Practice Area: Corporate Entities | Trusts and Estates
Industry: Health Care | Insurance
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Kathleen Coyne, pro se plaintiff.
for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Wilmington, DE for defendants.
Case Number: D68558
Dismissal of deceased LLC member's spouse's claim for proceeds of company-purchased life insurance policy not dismissed where LLC agreement did not terminate upon dissolution, when dissolution reasonably required member vote.
Publication Date: 2019-04-03
Practice Area: Insurance Litigation | Trusts and Estates
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys: For plaintiff: Joseph C. Schoell, Jason P. Gosselin, Katherine L. Villanueva and Christopher F. Petrillo, Drinker Bid-dle & Reath LLP, Wilmington, DE for plaintiff.
for defendant: Steven L. Caponi, K&L Gates LLP, Wilmington, DE for defendant.
Case Number: D68514
The court granted a motion to stay a Delaware declaratory judgment proceeding in favor of a pending lawsuit in another state based on the contemporaneous filing of the actions, as well as principles of comity and judicial efficiency.
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