This post discusses the finding by the Court of Appeal that it was inappropriate for the application judge to have granted a constructive trust as a
remedy for breach of fiduciary duty.
aul, Weiss secured an affirmance of the dismissal of a New York state court
action for breach of fiduciary duty against Silverpeak Real Estate Partners LP, which had been filed by investors who purchased Lehman real estate assets...
It is reported that there were 107 claims issued
for breach of fiduciary duty in 2012 which rose to 368 in 2013, including claims relating to wrongful distribution of the estate to favour some beneficiaries over others and thefts from estates by the executors.
Paul, Weiss secured an affirmance of the dismissal of a New York state court action
for breach of fiduciary duty against Silverpeak Real Estate Partners LP, which had been filed by investors who purchased Lehman real estate assets...
This practice group handles all types of ERISA litigation, including IRS audits, DOL investigations, claims for benefits and claims
for breach of fiduciary duty by plan sponsors, plan administrative committees and plan trustees.
We are experienced in all manner of civil claims based on dishonesty, including those based on misrepresentation or on accessory
liability for a breach of fiduciary duty, both at the corporate and individual level; and in the various techniques of asset recovery, including tracing, the imposition of constructive trusts, claims against third parties who have participated in or received proceeds from the fraud and piercing of the corporate veil.
Matter between wealthy individual and investment
advisor for breach of fiduciary duty arising from recommended investments in allegedly inappropriate private equity investments and repayment of loans made by client to advisor
In Arden v. Forsberg & Umlauf P.S., the Washington State Supreme Court rejected the insureds» attempt to collect
damages for breach of fiduciary duty and legal malpractice from their former insurance defense counsel.
A county board of supervisors may sue a private financial advisor hired by the
board for breach of fiduciary duty; the Supreme Court of Virginia says the board effectively waived its common law legislative immunity from civil liability, and reverses...
Med Mining and Minerals Limited v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and
counterclaims for breach of fiduciary duty made against the company's directors and seeking several million dollars.
After five years of litigation and a nearly two - week trial, the team received a defense verdict on a hard fought class action
case for breach of fiduciary duty against Mr. Hughes.
As Canadian Lawyer reported in 2015, an Ontario Superior Court judge awarded damages against Cassels
Brock for breach of fiduciary duty, breach of contract and professional negligence.
The Mediterranean Insurance & Reinsurance Company v Collins Acting as sole counsel for the Liquidators of an insurance and reinsurance company on a claim
for breach of fiduciary duty through check fraud.
Intellimedia Systems Limited v Richards Acting for the Defendants on a claim
for breach of fiduciary duty relating to an internet protocol tv business and responding to urgent interim applications for the appointment of a receiver and freezing order - type relief.
Defended directors of selling corporation in derivative action by shareholders for breach of fiduciary duty
These representations include prosecution and defense of claims against directors and
officers for breach of fiduciary duty and cases involving allegations of fraud, fraudulent conveyance and preference.
This is illustrated in Gichuru v. Smith, 2010 BCCA 35, a case where a plaintiff, upon having his articling student employment with a law firm terminated, sued a law corporation and its
principal for breach of fiduciary duty and contract, seeking compensatory and punitive damages.
Pearson, Simon & Warshaw, LLP (PSW) brought an action
for breach of fiduciary duty owed to creditors and shareholders against the former officers and directors of Tripath Technology Inc., a high - tech public company that filed for bankruptcy in 2007.
«One could scarcely imagine a more correspondent set of remedies as damages for fraudulent breach of contract and equitable
compensation for breach of fiduciary duty in relation to the same factual situation.»
A Vancouver - based mining company has won a $ 90 - million equitable damages award against the former CEO and majority shareholder of its
subsidiary for breach of fiduciary duty and self - dealing.
The appeal judge found that the arbitrator erred by failing to apply the principles that inform the remedies
for breach of fiduciary duty when deciding on entitlement to bonus money.
Obtained dismissal on summary judgment of suit by beneficiary against bank
trustee for breach of fiduciary duty and conflict of interest arising from bank's loan of $ 75 million to the corporation it controlled, as trustee, for transactions the beneficiary claimed were imprudent
The Buyer sued the
Broker for breach of fiduciary duty in his role as escrowee, and the trial court ruled that the Broker had breached his fiduciary duty by releasing the escrowed funds to the Sellers and awarded the Buyer $ 40,000 plus interest.
The court also pointed out that the purchaser's claim was
not for breach of fiduciary duty, but rather, was for Tri-Professional's misrepresentations as to the property offered for sale as well as its authority to sell it.