8 results for 'cat:"Property" AND cat:"Fiduciary Duty"'.
J. Freudenberg finds the district court improperly dismissed the apartment owner's complaint. The owner alleges a notary public covered under the surety company’s bond improperly altered a property deed upon which the apartment owner is a grantee, and the court dismissed for failure to join the notary as a necessary party. Commas separating "notary" from “sureties” in the guiding statute suggest the legislature did not mean to require such a claim to group the notary public and the surety together in the same action. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 25, 2024, Case #: S-23-357, Categories: Administrative Law, property, fiduciary Duty
J. Moeller finds that the trial court properly granted a private water company's motion for summary judgment on claims it improperly updated its governing documents and lacked authority to issue additional shares. No new shares have been issued so the claim is not ripe and the remaining claims are derivative and subject to specific pleading requirements that were not met. Affirmed.
Court: Idaho Court Of Appeals, Judge: Moeller, Filed On: December 19, 2023, Case #: 49237, Categories: property, Water, fiduciary Duty
[Consolidated.] J. Herndon finds the trial court properly found the investment advisor liable for breach of contract, breach of fiduciary duty and conversion in this dispute over the sale of real property. Though the advisor says that no contract existed due to the investor's ignorance of the amended operating agreements, the agreements are found to be binding and enforceable. The parties dispute the timeline of events preceding litigation, though the investor's claims were timely filed and evidence shows the timeline is uncontroverted. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: November 29, 2023, Case #: 83350, Categories: property, fiduciary Duty, Contract
J. Chuang denies a title insurer’s motion to dismiss counterclaims brought in this bad faith insurance dispute over a septic system easement by the property owners. The owners argue the insurer failed to disclose a conflict of interest of fiduciary duty when the case was in the circuit court. There is no specific precedent of a bad faith claim under the present circumstances.
Court: USDC Maryland, Judge: Chung, Filed On: November 14, 2023, Case #: 8:22cv3094, NOS: Insurance - Contract, Categories: Insurance, property, fiduciary Duty
J. Kenworthy finds that the trial court properly ruled in quiet title claims because evidence indicates that the eldest son of a 92-year-old property owner who suffers dementia threatened to stop caring for her if she failed to sign the deed to her house over to him, as the property owner actually wished to split the estate equally among her children.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: October 30, 2023, Case #: 22A-PL-2522, Categories: property, fiduciary Duty
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J. Welch finds that the trial court properly ruled in favor of the attorney in a legal malpractice suit brought by property owners who allege he simultaneously represented them and a lender that foreclosed on the property. The owners did not give sufficient evidence that any alleged negligence by the attorney caused their damages since their own actions led to the loss of the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: September 15, 2023, Case #: 2023CA0065, Categories: property, fiduciary Duty, Legal Malpractice
J. Stegner finds that the trial court properly determined that a trust indenture was drafted in a way that allowed it to supersede the statute that requires court approval for a property sale that presents a clear conflict of interest. However, issues of fact about whether a trustee fulfilled his duties under the trust indenture should have precluded summary judgment. The trial court must determine if the trustee violated his fiduciary duty when he approved the sale of trust property to a corporation of which he was a member. Reversed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: June 27, 2023, Case #: 49189, Categories: property, Trusts, fiduciary Duty