Wills, Trusts, & Estate Planning, Civil Procedure

New York State Court Allows Trustee Lawsuit Against DB Structured Products to Proceed

by Orrick - Structured Finance Group on 5/20/2013

On May 13, Justice Kornreich of the Supreme Court of the State of New York denied DB Structured Products, Inc.’s (DBSP) motion to dismiss an RMBS putback action brought against it by the trustee for the relevant RMBS trust. ...more

Sanctions Are Issued Where Court Determines That Special Motion To Strike Was Filed For Improper Purpose

by David J. McMahon | Barger & Wolen on 5/15/2013

In Kleveland v. Siegel & Wolensky LLP, 2013 DAR 4961(2013) the California Courts of Appeal for the Fourth Appellate District affirmed the denial of a special motion to strike and the award of costs and attorney fees as...more

Court Reverses The Appointment Of A Receiver Over Trust Property

by David Johnson | Winstead PC on 5/15/2013

Courts generally review receiverships very closely, and a party requesting one should follow all required procedures. In Elliott v. Weatherman, parents created an irrevocable living trust and designated their three adult...more

Whose Standing Is It, Anyway?

by Andrea Smith | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/13/2013

Does the trustee of a revocable trust ever have a duty to account to the remainder beneficiaries of the trust? The Supreme Court of California says yes, but not until after the death of the settlor. In a recent decision, In...more

Court Issues Opinion Holding That Parties Can Enforce Arbitration Clauses In Trust Documents

by David Johnson | Winstead PC on 5/13/2013

Parties may want to resolve trust disputes in arbitration. There are perceived cost savings associated with arbitration, and arbitration can be quicker than normal litigation. But one of the main benefits is that the...more

IRS Goes Back 41 Years To Assess Gift Tax

by Charles (Chuck) Rubin on 5/6/2013

If a taxpayer does not file a tax return, the statute of limitations for most federal taxes never commences. Thus, in theory, the IRS can go back as many years it wants to such an “open” year to audit and assess tax....more

Illinois Supreme Court to Hear Five Civil Cases In May

by Kirk Jenkins | Sedgwick LLP on 4/26/2013

On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are...more

New and Revised Orphans' Court Rules to be Recommended

by Donald Kaufman | McNees Wallace & Nurick LLC on 4/23/2013

As part of an ongoing effort to standardize and clarify the rules that govern Orphans' Court practice, the Orphans' Court Procedural Rules Committee intends to recommend that the Supreme Court of Pennsylvania replace Orphans’...more

HIPAA Preemption Case – Opis Management Resources, LLC v. Florida Agency for Health Care Administration

by William Dillon | Messer & Caparello, P.A. on 4/15/2013

On April 9, 2013 the United States Court of Appeals for the Eleventh Circuit issued an opinion regarding HIPAA preemption in the case of Opis Management Resources, LLC v. Florida Agency for Care Administration. Opis...more

Illinois Supreme Court Declines to Decide the Question Presented in Boyar

by Kirk Jenkins | Sedgwick LLP on 4/8/2013

The Illinois Supreme Court granted leave to appeal in In re Estate of Boyar to decide whether the doctrine of election applies to trusts, and, if it does, to delineate any exceptions to the doctrine. But when the Court's...more

Illinois Supreme Court to File Opinion in Boyar on Thursday Morning

by Kirk Jenkins | Sedgwick LLP on 4/2/2013

The Illinois Supreme Court has announced that on Thursday morning, it will file its opinion in In re Estate of Boyar. Boyar presents the issue of whether the doctrine of election - which teaches that a party may not accept...more

Carrigan Case: Supreme Court of Canada Dismisses Leave to Appeal

by Douglas Rienzo | Osler, Hoskin & Harcourt LLP on 3/29/2013

This morning, the Supreme Court of Canada dismissed the application for leave to appeal in Carrigan v. Carrigan Estate. As a result, the Ontario Court of Appeal’s new interpretation of the priority scheme for the payment of...more

Orphans' Court Update - March 2013: Nonjudicial Settlement Agreements – Are They the Silver Bullet We All Thought They Were?

by Kendra McGuire | McNees Wallace & Nurick LLC on 3/26/2013

Do you remember the round of applause and cheers that went out across this great Commonwealth when Section 7710.1 was enacted? Finally, our legislature gave us a statute that made sense and could be broadly applied. Section...more

Illinois Supreme Court Holds Will's Language Can Suggest Lack of Capacity, and Adopts Cause of Action for Equitable Adoption

by Sedgwick LLP on 3/25/2013

A testator has held a younger man out for nearly sixty years as being his son. When the testator drafts a will stating that he has no children, is that statement a sufficient basis to plead a will challenge based on lack of...more

Illinois Supreme Court Will File Two New Civil Opinions on Thursday Morning

by Kirk Jenkins | Sedgwick LLP on 3/19/2013

This afternoon, the Illinois Supreme Court announced that it will file two opinions in civil cases on 9:00 a.m. on Thursday morning. The upcoming opinions are...more

Erbrecht - Herabsetzungsklage - Verjährungsfrist - Schweizerisches Bundesgericht, Urteil vom 22. März 2012, BGer 4A_458/2011, BGE...

by Oliver Arter on 3/5/2013

Erbrecht – Niederlassungs- und Konsularvertrag vom 22. Juli 1868 zwischen der Schweiz und Italien. Professio iuris. Herabsetzungsklage. Verjährungsfrist. Bundesgericht, I. Zivilabteilung, Urteil vom 22. März 2012 i.S. A. SA...more

Nowadays a Practicing Lawyer’s First Serious Exposure to Critical Unjust Enrichment Doctrine is Likely to be After Law School, Too...

by Charles E. Rounds, Jr. on 3/1/2013

This modified excerpt from Loring and Rounds: A Trustee’s Handbook (2013) is a primer on the wrong of Unjust Enrichment and its principal remedy, Restitution. Unjust enrichment doctrine is very much alive and well in the real...more

New Court Mandated Training for All Persons Serving as a Personal Representative, Guardian or Conservator #EstatePlanningAttorney

by Rowley Chapman & Barney, Ltd. on 2/27/2013

Notice: Pursuant to Rule 27.1(A) of the Arizona Rules of Probate Procedure, effective September 1, 2012, all non-licensed persons requesting to serve in any court appointed fiduciary capacity must receive training from the...more

New Concerns for Bondholders, Lenders and Other Creditors Following SCC’s Indalex Decision

by Richard Orzy, Raj Sahni, Kevin Zych | Bennett Jones LLP on 2/13/2013

On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans...more

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

by Deborah Minkoff, Abby Sher | Cozen O'Connor on 2/7/2013

In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

It Was A Dark And Stormy Night

by Sylvia H. Walbolt | Carlton Fields on 2/7/2013

It was a dark and stormy night on October 9, 1837, when Hardy Croom and his wife Frances, together with their three young children, all died in the wreck of the steamboat “Home” on their passage from New York to Charleston,...more

Supreme Court of Canada Affirms Federal Paramountcy in Insolvency but Leaves Uncertainty for the Credit Community Regarding...

by Anthony Devir, Edward Sellers | Osler, Hoskin & Harcourt LLP on 2/1/2013

The Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re) this morning. The ruling stemmed from an appeal of an Ontario Court of Appeal decision that had created commercial uncertainty...more

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Wills, Trusts, & Estate Planning › Civil Procedure