2011AP2534 Estate of Sheppard v. Specht

10-3607 In re Griffin Trading Co.

2011AP123 Nelson, et al. v. Furrer, et al.

11-1976 Dixon v. ATI Ladish, LLC

2011AP63 Brown v. First Capital Surety & Trust Corporation

09-4081 & 10-1755 Loomis v. Exelon Corp.

Torts Breach of fiduciary duty; statute of limitations Bradford Amidzich and Allen Silverstein terminated their business agreement. Amidzich appeals a judgment deciding that payments he thought due him were not royalties and that rescissory damages, a constructive trust and prejudgment interest were not appropriate. Silverstein cross-appeals an underlying order deciding that the statute of limitations had not run on Amidzich’s ...

Trusts and Estates Breach of fiduciary duty Steven Hanson, pro se, and Stanley Hanson appeal a money judgment against them for conspiracy and breach of fiduciary duties relating to their deceased father’s trust. They argue that the circuit court failed to apply the proper legal standard and misinterpreted the trust language, that there was insufficient evidence to demonstrate either a ...

Family Powers of attorney; conversion; undue influence; breach of fiduciary duty John Lippert appeals from an order dismissing his complaint for a review and accounting of the actions of his brother, James R. Lippert (Jim), while acting for their father, James G. Lippert (James), under a durable power of attorney (DPOA) nominating Jim as the agent. John’s claims for conversion, ...

ERISA Breach of fiduciary duty; diversification Where a retirement plan failed to diversify despite the investment’s collapse, the plan was properly found liable for breach of fiduciary duty. “We agree with the district court that a prudent investor would not have remained so heavily invested in RIC’s stock as the company’s fortunes declined precipitously over a five-year period for reasons ...

ERISA Breach of fiduciary duty Summary judgment was improperly granted to the defendant on a breach of fiduciary duty claim under ERISA, where the 401(k) plan had a unitized structure. “[T]he district court’s grant of summary judgment rests on its finding that the undisputed facts established that defendants actually made a reasoned decision between the status quo and the various ...

Corporations Breach of fiduciary duty; insolvency The court is equally divided on the question of whether the decision of the court of appeals, Polsky v. Virnich, 2010 WI App 20, 323 Wis. 2d 811, 779 N.W.2d 712, should be affirmed or reversed. Justice David T. Prosser, Justice Patience Drake Roggensack and Justice Michael J. Gableman would affirm; Chief Justice Shirley ...