Successfully defended beneficiary at jury
trial against trustee's claim she should return $ 5 million the trustee mistakenly distributed to her from a trust
Not exact matches
During a drunken driving
trial against a former Bronx prosecutor, the Bronx
trustee for the Patrolmen's Benevolent Association, Joe Anthony, was heard on wiretaps talking about fixing tickets, or as officers are now calling it, «professional courtesy.»
Mr. McShane's
trial experience includes jury verdicts of $ 1.2 million and $ 2.97 million
against the officers and directors of a corporation on behalf of its bankruptcy
trustee.
Because neither party obtained a monetary recovery, the claims
against trustee were not dismissed, and plaintiff obtained an equitable judgment
against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the
trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.
bankruptcy law co-counsel to private equity fund in interpleader action
against chapter 11
trustee over proceeds of stock warrant; client prevailed in bankruptcy court bench
trial and on
trial de novo in district court.
Then, based on the true pragmatics of the parties» positions and what occurred in lower court proceedings, the appellate court determined that
trustee, not plaintiff, had prevailed: it remained neutral on the contract claims by filing the nonmonetary status declaration (in stark contrast to the
trustee in Kachlon v. Markowitz, 168 Cal.App.4 th 316, 350 (2008), which did not remain neutral and only filed the nonmonetary status declaration close to
trial), and it defensed the tort claims (under which plaintiff sought to recovery money
against trustee).
Can a
trial judge assess over $ 85,000 in attorneys fees
against beneficiaries for suing a
trustee who committed «numerous breaches of his fiduciary duty to the Trust»?
5th DCA: Can a
trial judge assess over $ 85,000 in attorneys fees
against beneficiaries for suing a
trustee who committed «numerous breaches» of fiduciary duty?