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Scanlan v. Eisenberg, et al., 2012 U.S. App. Lexis 1112 (January 20, 2012)

McGuireWoods LLP
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USA
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March 21 2012

Seventh Circuit reverses district court decision that discretionary beneficiary lacked standing to bring surcharge claim for $200 million in investment losses from investment concentration

Portico Management Group, LLC v. Harrison, 202 Cal. App. 4th 464 (Cal. App. 3d Dist. 2011).

McGuireWoods LLP
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USA
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March 21 2012

Trust assets not subject to arbitration award where award is not against co-trustees

Derringer v. Emerson, 435 Fed. Appx. 4 (D.C. Cir. 2011)

McGuireWoods LLP
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USA
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April 26 2012

Richard Solem created a revocable trust for the benefit, after his death, of his daughters and a charitable foundation

Hobbs et al. v. Legg Mason Investment Counsel & Trust Co., 2011 U.S. Dist. Lexis 999 (N.D. Mississippi, January 5, 2011); Hobbs et al. v. Legg Mason Investment Counsel & Trust Co., 2011 U.S. Dist. Lexis 7168 (January 25, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Court refuses to dismiss claim that trustee was negligent in failing to inform beneficiaries about GST taxes owed on trust distributions, but dismissed claims that trustee had a duty to modify the trust to avoid the taxes

French v. Wachovia Bank, N.A., 2011 U.S. Dist. Lexis 72808 (E.D. Wisconsin 2011)

McGuireWoods LLP
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USA
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March 21 2012

Corporate trustee did not breach its duties by exchanging insurance policies for new policies obtained through its affiliate

Estate of Campana v. Comerica Bank & Trust, N.A., 2012 U.S. Dist. Lexis 1490 (N.D. W. Va. 2012)

McGuireWoods LLP
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USA
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March 21 2012

Arbitration clause in agreement between investment advisor and trustees bars trust beneficiary’s suit against investment advisor

In re: Alexander McFadden Testamentary Trust and George McFadden Testamentary Trust, 2011 Phila. Ct. Com. Pl. Lexis 320 (November 9, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Trustees found not liable for investment losses during market collapse, but removed for withholding distributions, disclosing private information and failing to appoint required third trustee

In the Matter of the Accounting by Frieda Tydings, As Trustee of the Ricki Singer Grantor Trust, 2011 NY Slip Op 51177U (Bronx County Surrogate’s Court, June 28, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Surcharge of individual trustee for making interest-free loans to family members and giving trust profits to family-owned business in which trustee held an interest

Stevens v. Stevens, 59 Va. App. 274 (Va. Ct. App. Dec. 13, 2011)

McGuireWoods LLP
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USA
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April 26 2012

In 2001, Danny Stevens’s parents established a trust for the benefit of Danny and his three brothers

Kummer v. Donak, 282 Va. 301 (2011)

McGuireWoods LLP
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USA
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April 26 2012

Justine Critzer died intestate in 2006

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