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Breach of Duty

Whiteford

Common Scenarios of Breach of Fiduciary Duty by an Executor or Administrator of an Estate in Virginia

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Serving as an executor (when there is a will) or an administrator (when there is no will) is a position of trust. In a prior post, we described how Virginia law imposes fiduciary duties on these individuals to protect the...more

Miller Nash LLP

Can Businesses Be Blamed for Murder? Washington Court Reaffirms That Retailer Is Not Liable for Unforeseeable Third-Party Criminal...

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A recent ruling out of the Thurston County Superior Court is a welcome reminder for retailers, property owners, and the attorneys who represent them: Washington law does not require businesses to predict and prevent every...more

Tyson & Mendes LLP

The Sixth Sense is Common Sense: Florida Court Holds No Duty to Warn When Adults Fail to Use Ordinary Care for Their Own Safety

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“The law does not require a proprietor of a public place to maintain his premises in such condition that an accident could not possibly happen to a customer.” Rather, Florida law requires that adults must use their ordinary...more

Charles E. Rounds, Jr. - Suffolk University...

Fiduciary malpractice in the coordinated drafting of trust instruments for married couples: When equity’s restitution for unjust...

The lawyer-agent owes an equity-based fiduciary duty of undivided loyalty to the client-principal. Incidents of that overarching duty are the sub-duties of confidentiality and full disclosure. Assume a lawyer proposes to...more

Law School Toolbox

Law School Toolbox Podcast Episode 555: Listen and Learn -- The Breach Element of a Negligence Claim (Torts)

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Welcome back to the Law School Toolbox podcast! Today, we're discussing the different methods a plaintiff may use to establish the second element of a negligence claim -- breach. We also talk about the "res ipsa loquitur"...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Federal Labor Court Clarifies Employer Duties for Suspicion-Based Dismissals

A perennial issue in German labor law practice: If termination without notice is being considered due to a strong suspicion of a serious breach of duty (termination on suspicion), the employer must promptly hear the affected...more

Whiteford

Common Trust Contest Scenarios in Virginia: Grounds, Deadlines, and Trustee Disputes

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With the rising popularity of people using revocable living trusts in conjunction with, or as alternatives to, wills, trust contests are an increasingly common type of estate dispute. As a general matter, a trust is a...more

Herbert Smith Freehills Kramer

Delaware Supreme Court affirms that minority stockholder is not a fiduciary subject to Brophy derivative claims merely by access...

On March 27, 2026, the Delaware Supreme Court affirmed the Court of Chancery’s decision in Witmer v. Armistice Cap., LLC, 344 A.3d 632 (Del. Ch. 2025) aff’d, No. 381, 2025, 2026 WL 849994 (Del. Mar. 27, 2026), dismissing a...more

Goldberg Segalla

Malpractice Arising from Cybertheft at Closing

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Of all classes of attorneys, those who handle real estate transactions are some of the most vulnerable to a legal malpractice suit. We have previously posted about the trend highlighted by the ABA that a higher percentage of...more

Winstead PC

Court Held That A Trial Court Erred In Omitting Post-Judgment Interest From A Breach Of Fiduciary Duty Judgment But Affirmed The...

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In Kuers v. Shore, defendant was the trustee of a trust from 2016 to 2017, and he was then removed. No. 01-24-00098-CV, 2025 Tex. App. LEXIS 6124 (Tex. App.—Houston [1st Dist.] August 14, 2025, no pet.)....more

Winstead PC

Court Reversed Judgment Where A Stareholder And Controller Did Not Owe An Informal Fiduciary Duty

Winstead PC on

In Herman v. Metz, in 1989, Robert P. Metz and Dwayne Herman formed GBH Enterprises, Inc., and Metz owned 20% and Herman owned 80%. No. 14-24-00277-CV, 2025 Tex. App. LEXIS 6408 (Tex. App.—Houston [14th Dist.] August 21,...more

Jones Day

Federal Court Upholds Texas’s Stock Ownership Threshold for Shareholder Derivative Claims

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The decision confirms that Texas corporations can limit shareholder derivative claims to those holding more than 3% of their stock. ...more

Charles E. Rounds, Jr. - Suffolk University...

A Trust-Instrument Scrivener’s Practical Guide to Avoiding the Problematic and Doctrinally Unsettled

The 2027 Edition of Loring and Rounds: A Trustee’s Handbook, due out in mid-December of 2026, is a work in progress. Chapter 10 is being repurposed to house a one-stop digest and compilation for trust scriveners of the...more

Farrell Fritz, P.C.

Can Majority-Authorized Action Still Breach Fiduciary Duty?

Farrell Fritz, P.C. on

Some NYBD posts have staying power.  Of the hundreds of posts on this site, my practice brings me back, over and over again, to a handful of familiar favorites.  This 2018 post from Peter Mahler is one to which I find myself...more

Polsinelli

North Carolina Federal Court Lets ESOP Fiduciary Claims Proceed, Underscoring Active Oversight Duties

Polsinelli on

A North Carolina district court largely denied motions to dismiss ERISA and malpractice claims arising from a leveraged ESOP transaction and subsequent sale, allowing fiduciary breach claims against an independent trustee,...more

Jackson Walker

Texas Business Court Finds Jurisdiction Over Employee-Raid Case Based on Managerial-Official Allegations and Intellectual-Property...

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In Alamo Title Company v. WFG National Title Company of Texas, LLC, the Texas Business Court denied a motion to remand and held that the dispute fell within the court’s jurisdiction under Chapter 25A. The opinion offers a...more

Weintraub Tobin

California Trust Litigation: How To Lose a Trust In Seven Ways

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Trust litigation frequently leads to prolonged conflict and substantial expense, eroding the value of California trusts and estates over time. These losses diminish funds that would otherwise pass to beneficiaries. Trust...more

Robins Kaplan LLP

Heard It All Before: Recurring Issues in Fiduciary Disputes

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Fiduciary disputes often present as technical fights — over distributions, valuations, disclosures, or duties of loyalty and care. But if you step back from the pleadings, a different picture emerges, because these cases are...more

Robins Kaplan LLP

Recurring Characters: The Human Patterns Behind Many Fiduciary Disputes

Robins Kaplan LLP on

Fiduciary disputes often present as technical fights — over distributions, valuations, disclosures, or duties of loyalty and care. But if you step back from the pleadings, a different picture emerges, because these cases are...more

Herbert Smith Freehills Kramer

The Star Decision

On 12 December 2022, ASIC commenced civil penalty proceedings in the Federal Court against 11 current and former directors and officers of Star Entertainment Group Ltd (Star) for alleged breaches of their duties under s 180...more

Warner Norcross + Judd

How Should the Probate Court Preserve Assets Pending a Final Ruling on the Merits in Probate Litigation?

The Michigan Court of Appeals recently issued a decision that considered the probate court’s power to preserve the status quo pending a decision on the merits. In re Estate of Frieda Mae Chapman, 2026 WL 407397, Docket Nos....more

Offit Kurman

Landlord Liability for Tenant Safety: Lessons from the Jason Billingsley Case

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In recent years, courts have taken a closer look at what landlords must do to keep tenants safe, especially when property owners give employees access to residents’ homes....more

K&L Gates LLP

AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2

K&L Gates LLP on

In a landmark judgment, the High Court of Australia (High Court or the Court) has held that the Catholic Diocese (the Diocese) breached a non‑delegable duty of care owed to a child who was sexually assaulted by a priest in...more

Pullman & Comley, LLC

Conflicts of Interest in Family Law Matters

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Conflicts of interest can arise in any practice area, but the personal nature of family law litigation makes it all the more important for lawyers to be careful to avoid taking on representation where a conflict of interest...more

Weintraub Tobin

The California Trustee Survival Guide: Duties, Dangers and Defense

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Being named a trustee in California is an honor that carries serious legal responsibilities because your actions determine whether families experience smooth trust administration or costly litigation. Understanding your...more

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