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Bird Construction Co., 2018 SCC 8 (37272) When a beneficiary would be unreasonably disadvantaged not to be informed of a trust’s existence, the trustee’s fiduciary duty includes an obligation to disclose the existence of the trust, and where that prevented the beneficiary from making a claim within the prescribed notice period, the duty was breached. [read post]

Slaw - http://www.slaw.ca

A Storied Diner, A Fraud and Accounting Malpractice

15 Apr 2024, 3:00 am by Andrew Lavoott Bluestone

At all relevant times, Ellen, along with the two trust plaintiffs, together owned 89% of the Diner, and Kenneth owned 11%. [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

The Duty to Disclose Third-Party Offers Amidst Buy-Out Negotiations, Revisited

11 Jan 2021, 4:46 am by Peter Mahler

Centro in particular rejected any categorical rule that the non-controlling owner may “blindly trust” the alleged fiduciary’s representations or that the controlling owner owes a non-releasable fiduciary duty to disclose to the co-owner all material information bearing on the transaction. [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

Does New Jersey Have Jurisdiction When an Estate’s Executor is in New Jersey, the Appointed Agent is in the UK, and the Sale of Real Property in India is in Dispute?

22 Jun 2021, 12:19 pm by Samantha Rocco

A recent Appellate Division case, Gulbir Kaur Anand, Executor of the Estate of Amrit Kaur Anand v. [read post]

Wills, Trusts & Estates Blog - https://www.einhornharris.com/category/blog/wills-trusts-and-estates/

Does New Jersey Have Jurisdiction When an Estate’s Executor is in New Jersey, the Appointed Agent is in the UK, and the Sale of Real Property in India is in Dispute?

22 Jun 2021, 12:19 pm by Samantha Rocco

A recent Appellate Division case, Gulbir Kaur Anand, Executor of the Estate of Amrit Kaur Anand v. [read post]

Appellate Watch Blog - https://www.einhornharris.com/category/blog/appellate-watch/

Subrogation and Reimbursement of Overpaid Benefits Under ERISA Plans

8 Apr 2008, 9:30 am

Co. v. [read post]

Washington Labor, Employment & Employee Benefits Law Blog - http://www.waemploymentlawblog.com/blog/

Re-Revisiting The Duty to Disclose Third-Party Offers Amidst Buy-Out Negotiations

1 Feb 2021, 4:46 am by Peter Mahler

Three weeks ago, I wrote about the Bak v Rostek case in Brooklyn Supreme Court addressing the duty to disclose third-party offers amidst buy-out negotiations between co-owners. [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

Privity Still Counts, Even in the Big Cases

8 Jun 2009, 4:24 am

Bank & Trust Co., 11 NY3d 146, 158 [2008] [internal quotation marks and citation omitted]). [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

Elements of Law 3.0 Notes and Readings IV-A (The Role of the Courts: Judicial Review, Interpretive Techniques, and Legitimacy--How Courts Engage With Law: Custom versus Statute: The Norm, The Social Order, The Legal Order)

26 Oct 2013, 7:09 pm

Co., 615 N.W.2d 362, Minn.App., 2000 (edited). [read post]

Law at the End of the Day - http://lcbackerblog.blogspot.com/

A Tangled Web and Some Rules for Analysis in Legal Malpractice

18 May 2011, 3:11 am by Andrew Lavoott Bluestone

AG Capital Funding Partners, LP v State Street Bank and Trust Co, 11 NY3d 146, 866 NYS2d 578, 896 NE2d 91 (2008). [read post]