News & Analysis as of

Trusts Damages

Gordon Rees Scully Mansukhani

Kositzka v. Fick: Key Lessons on Trustee Fiduciary Duty in Virginia Trusts

In a recent decision, the Court of Appeals of Virginia upheld a lower court’s ruling that Kositzka, Wicks and Company (KWC) breached its fiduciary duty to Edward Joseph Ryan, awarding his estate $999,050 in damages, attorney...more

Winstead PC

Court Affirmed Award Of Damages And Punitive Damages Against A Trustee Due To A Breach Of The Duty To Disclose, Held That A Trust...

Winstead PC on

In Mendell v. Scott, a decedent had a trust that named him as primary beneficiary, and upon his death, the trust would continue for a niece provided that she did not commit a prohibited act. No. 01-20-00578-CV, 2023 Tex. App....more

King & Spalding

Delaware Bankruptcy Court Enters Judgment for Lender Due to Inadequately Pled Damages Despite Clear Breach of Fiduciary Duties

King & Spalding on

On May 2, 2022, the U.S. Bankruptcy Court for the District of Delaware entered judgment, after a bench trial, for a lender on breach of fiduciary duty claims brought by the litigation trust for the borrower, finding that the...more

Downey Brand LLP

Elder Abuse Is Not a Trojan Horse – Bad Faith Must Be Shown for Double Damages Under Probate Code Section 859

Downey Brand LLP on

Probate Code section 859, our subject in a recent post, packs a punch in California trust litigation. It awards double damages against someone who in bad faith wrongfully takes property from an elder, in bad faith takes...more

Winstead PC

In A Suit To Reform A Trust, A Texas Court Holds That There Was A Fact Issue On The Settlors’ Intent And Remanded For A Fact...

Winstead PC on

In In re Ignacio G. & Myra A. Gonzales Trust, a couple formed a trust and named their daughter as the trustee. No. 06-19-00014-CV, 2019 Tex. App. LEXIS 4648 (Tex. App.—Texarkana June 6, 2019, no pet. history)....more

Brooks Pierce

North Carolina Legislative Update - May 2018 #3

Brooks Pierce on

This was another quiet week at the General Assembly as legislators continued work on the budget behind closed doors. Schedule - Budget chairs have indicated that a finalized budget could be released early next week and...more

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